002.01.24 Ark. Code R. 127

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

Rule 002.01.24-127 - 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 NonResident 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. A Wildlife Importation Permit is not required for a Game Bird Shooting Resort Permit holder to import northern bobwhite, chukar and ring-necked pheasant from flocks that are part of the National Poultry Improvement Program.

G. No Wildlife Importation Permit is necessary for wildlife listed in Addendum R1.01. No Permit will be issued for wildlife listed in Addendum R1.03 except in compliance with exceptions in the code and in accordance with a current Commission Wildlife Importation Permit or special permit issued by the Chief of Wildlife Management.

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. However, individuals must provide prior notification to the Wildlife Management Division before any live cervid can be moved through the State of Arkansas accompanied by a USDA Form VS-127 if applicable.

K. Large carnivores and mountain lions may be imported only by holders of valid U.S. Department of Agriculture Wildlife Exhibition Permits for large carnivores or mountain lions. Such importation shall be done in compliance with a current Commission Wildlife Importation Permit.

L. Mallards may be imported by a representative of a group designated in Code 09.03, Exception 3, for use in an official field trial in compliance with a current Wildlife Importation Permit provided that ducks are identified as captive reared by one of the following methods:

1) banding of one metatarsus with a seamless metal band;

2) removal of the hind toe from the right foot;

3) pinioning of a wing by removal of all or some of the metacarpal bones of one wing, which renders the bird permanently incapable of flight; or

4) a readily discernible tattoo of numbers and/or letters on the web of one foot. The permit holder must possess documentation that the waterfowl have originated from a flock participating in the National Poultry Improvement Program and such documentation shall be submitted to the Commission in compliance with reporting requirements in Code 09.10.

M. Mallards may be imported by the holder of a Shoot-To-Kill Dog Training Permit in compliance with a current Wildlife Importation Permit provided that ducks are identified as captive reared by one of the following methods:

1) banding of one metatarsus with a seamless metal band;

2) removal of the hind toe from the right foot;

3) pinioning of a wing by removal of all or some of the metacarpal bones of one wing, which renders the bird permanently incapable of flight; or

4) a readily discernible tattoo of numbers and/or letters on the web of one foot.

The permit holder must possess documentation that the waterfowl have originated from a flock participating in the National Poultry Improvement Program and such documentation shall be submitted to the Commission in compliance with reporting requirements in Code 09.10.

N. Persons possessing a valid U.S. Department of Agriculture Wildlife Exhibition Permit may import prohibited wildlife into or through Arkansas temporarily for the limited purposes of display, research, or conservation, under terms of a special permit issued by the Chief of Wildlife Management.

O. Apes, baboons, and macaques may be imported, shipped, or transported only in accordance with a current Commission Wildlife Importation Permit or special permit issued by the Chief of Wildlife Management, and in accordance with Ark. Code Ann. §§ 20-19-601 through 20-19-610.

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.

002.01.24 Ark. Code R. 127

Adopted by Arkansas Register Volume 49, Number 06, Effective 7/1/2024