002.01.22 Ark. Code R. 116

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

Rule 002.01.22-116 - 01.00-K-Point System For Violations of Commission Regulations

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 All laws, rules, regulations, or orders in conflict with the regulations in this Code Book are hereby repealed by the Arkansas State Game and Fish Commission.

01.00-KPoint System For Violations of Commission Regulations

A. The Commission has determined that certain violations of its regulations, or a series of violations, are so harmful to the fish and wildlife resources of the State that they warrant a suspension of an individual's hunting and fishing rights, privileges and related licenses. The Commission regards such action as a valid means of protecting the fish and wildlife resources of the State. Under subsection B of this Code, points are assigned for the various offenses. When a person cited for such an offense pleads guilty or no contest, forfeits an appearance bond, or otherwise is convicted by a court of competent jurisdiction, the Commission assesses the points on that person's hunting and fishing violation record. The accumulation of a certain number of points within the time specified can result in administrative suspension of hunting and fishing rights, privileges and related licenses for a specific period of time.

B. The Commission shall assign violation points to:

1. A person convicted of violating a Commission regulation;

2. A person convicted of violating a federal wildlife law or regulation in Arkansas; and

3. In accordance with Code 01.00-Q, an Arkansas resident convicted of a wildlife offense in another state that is a member of the Interstate Wildlife Violator Compact.

Violation point values for Commission regulations are as follows:

* Class 1 Offense = 6 Points

* Class 2 Offense = 12 Points

* Class 3 Offense = 18 Points

* Class 4 Offense = 30 Points

* Class 5 Offense = 99 Points

* Unclassified Offense = 0 points

The violation point value for a federal wildlife law or regulation violation shall be equal to the violation point value for the most similar Commission regulation violation. If a court imposes an enhanced penalty pursuant to Code 01.00-J, the Commission shall assign corresponding violation points for the higher class of offense.

A. For administration of this Point System, the Commission shall assign violation points as of the date of a person's conviction for an offense, and such convictions and violation points will remain on a person's AGFC violation record indefinitely. For the purpose of determining a person's eligibility for suspension or revocation under Code 01.00-L, violation points associated with an offense for which a conviction resulted will expire 5 years after the date of conviction for that offense. The Commission shall not consider violation points that have:

1. Previously been counted and formed the basis for issuance of a suspension or revocation, or

2. Expired.

002.01.22 Ark. Code R. 116

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