209.01.20 Ark. Code R. 003

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

Rule 209.01.20-003 - Airborne Eradication of Feral Hogs

FERAL HOG AIRBORNE ERADICATION RULE

I.APPLICATION

A. The Arkansas Livestock and Poultry Commission (Commission) may issue a permit to any person to allow for the shooting of feral hogs from an aircraft if the Commission finds that management of feral hogs by the use of aircraft is necessary to protect or to aid in the administration or protection of land, water, wildlife, livestock, domestic animals, human life, or crops (including but not limited to, timber), and will not have a harmful effect on indigenous species.

B. All applications and supporting documentation shall be filed with the Arkansas Department of Agriculture (Department).

C. All applications must include:

1. One or more affidavits, containing facts as well as opinion, as to why the permit should be issued for the management of feral hogs by the use of aircraft, including the purpose for which the permit will be used, specifically identifying whether the permit is necessary to protect land, water, wildlife, livestock, domestic animals, crops (including but not limited to, timber), or human life;

2. An address and adequate description of the land covered by the permit, including approximate acreage;

3. Unless the applicant is the landowner, an applicant must also submit to the Department a landowner's authorization to manage feral hogs. The landowner's authorization may be submitted by a group of landowners or by an association on behalf of such landowners;

4. the approximate number of hogs to be managed; and

5. an accurate and adequate description of the aircraft used, including aircraft number and the location where the aircraft was used. As defined in 7 U.S.C. § 742j-1(c) "aircraft" means any contrivance used for flight in the air.

D. The Department may:

1. Require permit holders to report to the Department on the eradication process.

2. Limit the number of feral hogs taken per permit

3. Limit airborne eradication to certain days or hours or both

4. Limit the duration of a permit

II.PROHIBITED ACTS

A. The permit provided for in this rule is for the purposes stated in the rule and for no other reason. Any act not consistent with this rule or state or federal law shall be grounds for revocation or suspension of the permit, including without limitation:

1. Hunting, killing, or capturing, or attempting to hunt, kill, or capture from an aircraft any animal that is not specifically authorized by a permit issued by the Commission;

2. Using an aircraft to manage feral hogs without first obtaining and having in the person's immediate possession a permit and a landowner's authorization for the management of feral hogs by the use of aircraft.

3. Using an aircraft to harass wildlife, exotic animals, or any other animal or bird including engaging in the activity of counting, photographing, relocating, capturing, or hunting wildlife or exotic animals under the authority of a permit.

4. Hunting any animal or bird from an aircraft for sport.

5. Knowingly participating in using an aircraft whether in the aircraft or on the ground for any purpose referred to in this section.

B. The acts prohibited in this section include without limitation, any person who:

1. Pilots or assists in the operation of the aircraft from which another person shoots or shoots at wildlife while airborne, or

2. While on the ground takes or attempts to take any wildlife by any means, aid, or use of an aircraft.

III.NOTIFICATION

All applicants shall sign a statement verifying that they understand that the Department will provide immediate notification to the FBI of issuance of the application, and that the permits holders' information will also be provided to federal authorities in an annual report as required by federal law. Information provided to federal authorities may include, without limitation:

1. Personal contact information of the permit holder and landowner;

2. the aircraft number of the aircraft used and the location where the aircraft was used;

3. any and all other information collected or assembled by the Department.

IV.PENALTIES AND AUTHORITY

A. Failure to comply with any of the provisions of this rule may result in administrative penalties as provided by law.

B. Authority. ACA §§ 2-32-501; 2-33-107(a); 2-38-502.

209.01.20 Ark. Code R. 003

Adopted by Arkansas Register Volume MMXX Number 08, Effective 1/31/2020