002.01.22 Ark. Code R. 029

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

Rule 002.01.22-029 - 05.10 Depredation Permit Requirement

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 All laws, rules, regulations, or orders in conflict with the regulations in this Code Book are hereby repealed by the Arkansas State Game and Fish Commission.

05.10Depredation Permit Requirement

It is unlawful to take or attempt to take any game or furbearing animal damaging crops or personal property without obtaining a Depredation Permit, along with a valid hunting license, and complying with the terms and provisions of the permit. Non-game wildlife, excluding bats, migratory birds and endangered species, which pose a reasonable threat to persons or property, may be taken during daylight hours with firearms, or trapped (Code 17.01), without a Depredation Permit (Addendum. G1.01).

EXCEPTIONS:

A. Nuisance wildlife may be taken by legal methods during any open season on the species committing damage and in accordance with applicable bag limits.

B. Property owners or their designees may use live traps for removal of nuisance wildlife, other than bear or alligator. Live trapping conducted in incorporated towns or cities must be in accordance with their local ordinances or statutes. Live captured nuisance wildlife must be released unharmed on private land with landowner permission in the county of capture or adjacent to the county of capture outside the municipalities' boundaries within 24 hours.

C. Nuisance beaver, muskrat, nutria, coyote, raccoon, opossum, squirrel, and striped skunk may be taken year-round, using firearms during daylight hours (Code 06.07) only by landowners or their designees, in any number, on private property where damage is being committed, or may be trapped and destroyed (Code 17.01).

D. House Sparrows, European Starlings, and Rock Doves may be taken at any time in accordance with Code 14.01.

E. Red-Winged Blackbird, Common Grackle, Brewers Blackbird, Great-tail Grackle, Brown-Headed Cowbird, American Crow and Fish Crows damaging agricultural crops or personal property may be taken in accordance with both 50 CFR 21.50 and Code 14.01.

F. Nuisance migratory birds taken in compliance with a permit issued by the U.S. Fish and Wildlife Service or in compliance with U.S. Fish and Wildlife Service regulations.

G. Bats that have bitten or otherwise potentially exposed a human, pet or livestock to rabies may be killed provided that they are submitted to the Arkansas Department of Health for rabies testing.

H. Individuals that possess a Predator Control Permit are not required to obtain a Depredation Permit to take bobcat, coyote, gray fox, opossum, raccoon, red fox, or striped skunk on private land outside the limits of incorporated municipalities.

PENALTY: Class 1

002.01.22 Ark. Code R. 029

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