002.01.23 Ark. Code R. 033

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

Rule 002.01.23-033 - 09.10 - Wildlife Importation Permit Required

A. It is unlawful to import live wildlife into Arkansas without a valid Wildlife Importation Permit issued by the Commission. It also is unlawful for any person to receive, acquire, purchase, or possess any wildlife imported into Arkansas in violation of this regulation.

B. It is unlawful for the holder of a Wildlife Importation Permit to cause or permit any wild animal or bird to be imported into Arkansas under inhumane or unhealthy conditions (Addendum F1.04).

EXCEPTIONS:

A. Aquatic wildlife other than native aquatic turtles, alligators, and those species prohibited by Code 26.13. Imports for aquaculture must comply with Code 35.09. Refer to the Approved Aquaculture Species List in Addendum J1.01. Aquatic wildlife may not be released, Code 26.12.

B. Wildlife exchanged with other states by the Commission.

C. Accredited members of the Association of Zoos and Aquariums.

D. A Wildlife Importation Permit is not required for a nonresident falconer with a valid Non-Resident Arkansas Hunting License, and possessing a valid falconry permit from another state, to import legally possessed raptors into Arkansas for the purposes of hunting, provided the birds will not stay in Arkansas longer than 30 consecutive days and are in compliance with Arkansas Livestock and Poultry Commission regulations relating to the entry of birds into the state.

E. A Wildlife Importation Permit is not required for a resident falconer with a valid Arkansas Hunting License, and a valid Arkansas falconry permit to import legally possessed raptors into Arkansas, provided they are in compliance with Arkansas Livestock and Poultry Commission regulations relating to the entry of birds into the state.

F. Circuses and others possessing U.S. Department of Agriculture Wildlife Exhibition Permits may import wildlife into or through Arkansas temporarily for the limited purposes of performance or display under terms of a special permit issued by the Chief of Wildlife Management.

G. No Wildlife Importation Permit is necessary for wildlife listed in Addendum R1.01. No Wildlife Importation Permit will be issued for wildlife listed in Addendum R1.03 except in compliance with Code 09.11 Exceptions. An application for a permit for an unlisted species will be denied if an evaluation by Commission staff determines the species poses a significant risk to human health and safety, native fish and wildlife health or populations, or agriculture, or cannot be safely confined in a humane manner.

H. Terrestrial invertebrate species not otherwise prohibited by Commission Code or by Federal or state regulations.

I. A Wildlife Importation Permit is not required for a resident to return legally owned wildlife originating in Arkansas that has been out of the state for less than 30 days.

J. Wildlife being transported through Arkansas, within a period of 12 hours or less, that remain confined within the mode of transportation and is not exhibited to the public.

K. Terrestrial invertebrate species not otherwise prohibited by this Code or Federal or State regulations.

PENALTY: Class 3

A. All equipment, including any form of legal tender, and all wildlife imported in violation of this regulation may be seized by Game Wardens, confiscated by the court, forfeited to the State and disposed of according to law (Code 01.00-D).

B. Any person convicted of violating this regulation shall be liable for the costs incurred in the storage, care, and maintenance of any equipment, wildlife, and/or fish seized in connection with the violation.

C. Any person convicted of violating this regulation shall be liable for the costs of any and all tests and/or examinations of the illegally imported wildlife, and also shall be liable for the costs of destruction and/or disposal of the illegally imported wildlife, as deemed necessary by the Commission for the protection of native wildlife.

002.01.23 Ark. Code R. 033

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