002.00.05 Ark. Code R. 007

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

Rule 002.00.05-007 - Flood Prone Regions Code; Captive-Reared Mallard Code Revisions

05.06FLOOD PRONE REGIONS

FLOOD PRONE REGION A - Beginning at the junction of Hwy 1 and U.S. Hwy 63; south on Hwy 1 to Hwy 64; west on U.S. Hwy 64 to U.S. Hwy 49; north on U.S. Hwy 49 to Hwy 42; west on Hwy 42 to Hwy 37; north on Hwy 37 to Hwy 14; east on Hwy 14 to Hwy 37; north on Hwy 37 to Hwy 18; west on Hwy 18 to Hwy 384; east on Hwy 384 to U.S. Hwy 67; north on U.S. Hwy 67 to the Hwy 230; east on Hwy 230 to Hwy 91; south on Hwy 91 to Hwy 18; south on Hwy 18 to Hwy 226; east on Hwy 226 to U.S. Hwy 49; north on U.S. Hwy 49 to U.S. Hwy 63; south on U.S. Hwy 63 Hwy 1.

Conditions for Closing: Flood Prone Region A will be closed to all deer hunting when the Cache River gauge at Patterson reaches 11 feet. This restriction shall be lifted when the Cache River gauge at Patterson falls to or below 10 feet. Current gauge readings and flood prone region closures can be obtained by calling AGFC toll free and by accessing the AGFC website @ www.agfc.com.

FLOOD PRONE REGION B - Beginning at the junction of Hwy 17 and U.S. Hwy 67; south on U.S. Hwy 67 to Hwy 36; east on Hwy 36 to Hwy 323; south on Hwy 323 to Hwy 11; south on Hwy 11 to Hwy 38; east on Hwy 38 to Hwy 33; north on Hwy 33 to Hwy 17; north on Hwy 17 to U.S. Hwy 67.

Conditions for Closing: Flood Prone Region B will be closed to all deer hunting when the White River gauge at Augusta reaches 28 feet. This restriction will be lifted when the White River gauge at Augusta falls below 26.5 feet. Current gauge readings and flood prone region closures can be obtained by calling AGFC toll free and by accessing the AGFC website @ agfc.com.

FLOOD PRONE REGION C - Beginning at the junction of U.S. Hwy 49 and Hwy 38; west on Hwy 38 to Hwy 33; north on Hwy 33 to U.S. Hwy 64; west on U.S. Hwy 64 to Hwy 33; north on Hwy 33 to Hwy 17; north on Hwy 17 to U.S. Hwy 67; north on U.S. Hwy 67 to Hwy 384; east on Hwy 384 to Hwy 18; east on Hwy 18 to Hwy 37; south on Hwy 37 to Hwy 14; west on Hwy 14 to Hwy 37; south on Hwy 37 to Hwy 42; east on Hwy 42 to U.S. Hwy 49; south on U.S. Hwy 49 to Hwy 38.

Conditions for Closing: Flood Prone Regions C will be closed to all deer hunting when the Cache River gauge at Patterson reaches 10 feet. This restriction shall be lifted when the Cache River Gauge at Patterson falls to or below 8.5 feet. Current gauge readings and flood prone region closures can be obtained by calling AGFC toll free and by accessing the AGFC website @ www.agfc.com.

FLOOD PRONE REGION D - Beginning at the junction of Hwy 11 and Hwy 38; east on Hwy 38 to U.S. Hwy 49; south on U.S. Hwy 49 to U.S. Hwy 70; west on U.S. Hwy 70 to Hwy 302; west on Hwy 302 to U.S. Hwy 79; south on U.S. Hwy 79 to Hwy 33; north on Hwy 33 to U.S. Hwy 70; west on U.S. Hwy 70 to Hwy 11; north on Hwy 11 to Hwy 38.

Conditions for Closing: Flood Prone Region D will be closed to all deer hunting when the White River gauge at Clarendon reaches 25 feet. This restriction will be lifted when the White River Gauge at Clarendon falls to or below 24 feet. Current gauge readings and flood prone region closures can be obtained by calling AGFC toll free and by accessing the AGFC website @ agfc.com.

FLOOD PRONE REGION E - Beginning at the junction of Hwy 1 and Hwy 153; north on Hwy 153 to Hwy 33; north on Hwy 33 to U.S. Hwy 79; north on U. S. Hwy 79 to Hwy 86; south on Hwy 86 to Hwy 17; south on Hwy 17 to Hwy 1; north on Hwy 1 to Hwy 316; east on Hwy 316 to Hwy 318; east on Hwy 318 to Hwy 20; east on Hwy 20 to Hwy 44; south on Hwy 44 to Phillips County Road 533; west on Phillips County Road 533 to Phillips County Road 529; north on Phillips County Road 529 to Phillips County Road 514; west on Phillips County Road 514 to the White River Levee; south on the White River Levee to the pipe line right of way; west on the pipe line right of way to Ethel County Road; west on Ethel County Road to Hwy 17; north on Hwy 17 to Hwy 1; west on Hwy 1 to Hwy 153.

Conditions for Closing: Flood Prone Region E will be closed to all deer hunting when the White River gauge at St. Charles reaches 23 feet. This restriction will be lifted when the White River gauge at St. Charles falls to or below 21.5 feet. Current gauge readings and flood prone region closures can be obtained by calling AGFC toll free and by accessing the AGFC website @ www.agfc.com.

FLOOD PRONE REGION F - Beginning at the junction of Hwy 44 and Tichnor Blacktop County Road at Tichnor; west on Hwy 44 to the right of way on the north/south power line; north then northwest on the power line right of way to Arkansas Hwy 17; north on Hwy 17 to Hwy 152; east on Hwy 152 to the pipe line right of way; northeast on the pipe line right of way to Hwy 17; north on Hwy 17 to Ethel; east on Ethel County Road to the pipe line right of way; east on the pipe line right of way to the White River Levee; north on the White River Levee to Phillips County Road 514; east on Phillips County Road 514 to Phillips County Road 529; south on Phillips County Road 529 to Phillips County Road 533; east on Phillips County Road 533 to Hwy 44; south on Hwy 44 to Hwy 85 at Crumrod; south on Hwy 85 to County Road 76; northeast on County Road 76 to the Mississippi River levee; southeast on the Mississippi River levee to the west line of Section 31, T7S, R2E; then south on the west line of Section 31, T7S, R2E to the west line of Section 6, T8S, R2E; south on the west line of Section 6, T8S, R2E to the Arkansas-Mississippi State line; south on Arkansas-Mississippi State line to the mouth of the White River; upstream on the main channel of the White River to the White River Cut Off; southwest on the White River Cut Off to the Arkansas River; upstream on the main channel of the Arkansas River to the west line of Section 29, T8S, R2W; north on the west line of Section 29, T8S, R2W to West Medina Lane County Road; southeast on West Medina Lane County Road to Nady County Road; northeast on Nady County Road to Tichnor Blacktop Road; north on Tichnor Blacktop Road to Hwy 44.

Conditions for Closing: Flood Prone Region F will be closed to all deer hunting when the gauge at Lock and Dam #1 on the Arkansas River has reached 144.5 feet MSL. . This restriction will be lifted when the gauge at Lock and Dam #1 on the Arkansas River falls to or below 141 feet MSL. . Current gauge readings and flood prone region closures can be obtained by calling AGFC toll free and by accessing the AGFC website @ www.agfc.com.

FLOOD PRONE REGION G - Beginning at the main channel of the Mississippi River at the Helena Bridge and U.S. Hwy 49; north on U.S. Hwy 49 to Hwy 20; west on Hwy 20 to Hwy 44; west on Hwy 44 to Hwy 85; south on Hwy 85 to County Road 76; northeast on County Road 76 to the Mississippi River Levee; southeast on the Mississippi River Levee to the west line of Section 31,T7S, R2E; south on the west line of Section 31, T7S, R2E to the west line of Section 6, T8S, R2E; south on the west line of Section 6, T8S, R2E to the Arkansas-Mississippi State line; north on the Arkansas-Mississippi State line to the Mississippi River bridge at Helena on U.S. Hwy49.

Conditions for Closing: Flood Prone Region G will close to all deer hunting when the Mississippi River gauge at Helena reaches 44 feet. This restriction shall be lifted when the Mississippi River gauge at Helena falls to or below 42 feet. Current gauge readings and flood prone region closures can be obtained by calling AGFC toll free and by accessing the AGFC website @ agfc.com.

FLOOD PRONE REGION H - Beginning at the junction of Hwy 44 and Tichnor Blacktop Road at Tichnor; south on Tichnor Blacktop Road to Nady County Road; southwest on Nady County Road to west Medina Lane County Road; northwest on west Medina Lane County Road to the west line of Section 29, T8S, R2W; south on the west line of Section 29, T8S, R2W to the main channel of the Arkansas River; downstream (southeast) on the main channel of the Arkansas River to the White River Cut Off; northeast on the White River Cut Off to the main channel of the White River; downstream (southeast) on the main channel of the White River to the Arkansas-Mississippi State line; southwest on the Arkansas-Mississippi State line to the Mississippi Old River Chute on the north end of Ashbrook Island; southwest on the Mississippi Old River Chute to the transfer canal for the Connelly Bayou Pumping Plant; southwest on the transfer canal to the ConnellyBayou Pumping Plant and Connelly Bayou; southwest on Connelly Bayou to the junction of Hwy 144; west on Hwy 144 to Hwy 257; north on Hwy 257 to U.S. Hwy 65; north on U.S. Hwy 65 to Hwy 1 at McGehee; north on Hwy 1 to the junction of U.S. Hwy 165; north on U.S. Hwy 165 to Hwy 44; west on Hwy 44 to the junction of Hwy 44 and Tichnor Blacktop Road.

Conditions for Closing: Flood Prone Region H will close to all deer hunting when the Mississippi River gauge at Arkansas City reaches 37 feet. This restriction shall be lifted when the Mississippi River gauge at Arkansas City falls to or below 35 feet. Current gauge readings and flood prone region closures can be obtained by calling AGFC toll free and by accessing the AGFC website @ agfc.com.

FLOOD PRONE REGION I - Beginning at the Arkansas-Louisiana State line and U.S. Hwy 65; north on U.S. Hwy 65 to Hwy 257; south on Hwy 257 to Hwy 144; east on Hwy 144 to Connelly Bayou; northeast on Connelly Bayou to the Connelly Bayou Pumping Plant and the pumping plant transfer canal; northeast on the transfer canal to the Mississippi Old River Chute; northeast up the Mississippi Old River Chute to the Arkansas-Mississippi State line; southwest along the Arkansas-Mississippi State line to the Arkansas-Louisiana State line; west along the Arkansas-Louisiana State line to its intersection with U.S. Hwy 65 on the Arkansas-Louisiana State line.

Conditions for Closing: Flood Prone Region I will close to all deer hunting when the Mississippi River gauge at Greenville reaches 48 feet. This restriction shall be lifted when the Mississippi River gauge at Greenville falls to or below 46 feet. Current gauge readings and flood prone region closures can be obtained by calling AGFC toll free and by accessing the AGFC website @ agfc.com.

18.21HUNTING RESTRICTED DURING FLOODING WITHIN FLOODPRONE REGIONS. It shall be unlawful to take or attempt to take deer within the Flood Prone Regions in compliance with Code 05.06.

PENALTY: $500.00 to $1,000.00.

Flood Prone Regions F - I Maps

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09.08WATERFOWL RETRIEVING DOG RESTRICTIONS. It shall beunlawful to use live captive-reared mallards for the purpose ofcertifying or training waterfowl retrievers.

EXCEPTIONS:

(1) Captive-reared mallards, possessed in compliance with Commission Code Section 15.00, may only be taken by the use of shotgun with live ammunition during sanctioned American Kennel Club (AKC), National Field Retriever Association (NFRA), North American Hunting Retriever Association (NAHRA), or Hunting Retrievers Club (HRC) retrieving dog field trials by first obtaining a Shoot-to-Kill Retrieving Dog Training Permit from the Commission and complying with the terms of the permit.

(2) Captive-reared mallards, possessed in compliance with Commission Code Section 15.00, may only be taken by the use of shotgun with live ammunition while training waterfowl retrievers by first obtaining a Shoot-to-Kill Retrieving Dog Training Permit from the Commission and complying with the terms of the permit.

(3) When occurring on a Commission-permitted Game Bird Shooting Resort in compliance with Commission Code Section 15.00 governing the shooting of captive-reared mallards.

PENATLY: $250.00 to $1,000.00

In addition, non-compliance with terms of issued permit shall result in the revocation of permit privileges for one (1) year.

15.01POSSESSION OF CERTAIN WILDLIFE IN CAPTIVITYPROHIBITED. It shall be unlawful to hold captive, confine, enclose or otherwise possess alive in the State of Arkansas any wildlife, including fish, whether native or non-native, migratory or imported, unless authorized or excepted as specified herein. Any wildlife possessed in violation of this regulation or any other regulation in Section 15 may be declared to be contraband and subject to immediate seizure by the Arkansas Game and Fish Commission. Upon conviction of the offender (or earlier if the court having jurisdiction so orders), title to the wildlife shall be forfeited to the Commission and such wildlife released or disposed of in accordance with Commission policy.

EXCEPTIONS:

(1) Any furbearer, game animal, game bird or game fish legally taken during an authorized season in compliance with all applicable hunting, trapping and fishing restrictions in this Code Book may be possessed.

(2) Commission employees may hold captive and possess wildlife as necessary to perform authorized duties.

(3) Wildlife (except for fish, bullfrogs, mussels, aquatic turtles and alligators) may be held captive and possessed in compliance with the following Commission Codes:

(A) Commission Codes 15.08 et seq. (Game Bird Shooting Resort Requirements);

(B) Commission Codes 15.04 et seq. (Commercial Wildlife Hunting Resort Permit);

(C) Commission Code 15.12 et seq. (Wildlife Breeder/Dealer permit);

(D) Commission Codes 15.14 et seq. (Special Commercial Quail Permit Requirements);

(E) Commission Code 15.16 et seq. (Native Wildlife Pet Restrictions);

(F) Commission Codes 14.03 et. seq. (Falconry Permit);

(G) Commission Codes 15.02 et seq. (Captive Non-Native Wildlife).

(H) Commission Code 15.19 (Wildlife Rehabilitation Permit).

(4) Fish, bullfrogs, mussels, aquatic turtles and alligators may be held captive and possessed in compliance with the following Commission codes:

(A) Commission Code Section 36.00 (Bull Frog Regulations);

(B) Commission Code Section 37.00 (Minnow Regulations);

(C) Commission Code Section 38.00 (Fresh Water Mussel Regulations);

(D) Commission Code Section 39.00 (Aquatic Turtle Regulations);

(E) Commission Code Section 40.00 (Alligator Farming Regulations);

(F) Commission Code Section 41.00 (Commercial Fishing Regulations);

(G) Commission Code Section 42.00 (Fish Farmer Regulations).

(5) Organizations that are accredited members of the American Zoo and Aquarium Association (AZAA) and municipal zoos and aquariums may hold captive and possess wildlife.

(6) Individuals or organizations may be permitted to hold captive and possess on a temporary basis raccoon, fox, coyote, captive-reared mallards or pen-raised quail for the sole purpose of dog training or conducting field trials sanctioned by the American Kennel Club (AKC), National Field Retriever Association (NFRA), North American Hunting Retriever Association (NAHRA), Hunting Retrievers Club (HRC), United Kennel Club (UKC) or American Coon Hunters Association (ACHA) upon requesting and receiving written approval from the Commission.

(7) Individuals or organizations that are determined to be involved in bona fide scientific research, education or conservation efforts of significant benefit to wildlife or wildlife habitat in the State of Arkansas may be permitted to hold captive and possess wildlife in compliance with the terms of a special-issued permit.

(8) Individuals or organizations with a U.S. Department of Agriculture Wildlife Exhibition permit may hold captive and possess wildlife, other than mountain lions, allowed by that permit. Exhibitors engaged in rehabilitation of sick, injured, orphaned, or impaired native wildlife must be in compliance with commission Code 15.19.

(9) Individuals or organizations with a U.S. Fish and Wildlife Service migratory bird permit may hold captive and possess migratory birds.

PENALTY: $250.00 to $2,000.00

15.03HUNTING OF CAPTIVE WILDLIFE. It shall be unlawful to introduce or release any wildlife (native or non-native) into any situation in which they are held captive, enclosed or confined for the purpose of hunting or attempting to hunt such wildlife, or to hunt or attempt to hunt any wildlife either held captive, enclosed or confined.

EXCEPTIONS:

(1) Pen-raised game birds may be hunted in compliance with Commission Codes 15.05 et seq. (Game Bird Shooting Resort Requirements).

(2) Captive-reared mallards, possessed in compliance with Commission Code Section 15.00, may only be taken by the use of shotgun with live ammunition during sanctioned American Kennel Club (AKC), National Field Retriever Association (NFRA), North American Hunting Retriever Association (NAHRA), or Hunting Retrievers Club (HRC) retrieving dog field trials by first obtaining a Shoot-to-Kill Retrieving Dog Training Permit from the Commission and complying with the terms of the permit.

(3) Captive-reared mallards, possessed in compliance with Commission Code Section 15.00, may only be taken by the use of shotgun with live ammunition while training waterfowl retrievers by first obtaining a Shoot-to-Kill Retrieving Dog Training Permit from the Commission and complying with the terms of the permit.

(4) Native game may be hunted within a high-fence enclosure in compliance with Commission Codes 15.04 et seq. (Commercial Wildlife Hunting Resort Permit).

Furthermore, it shall be illegal to chase, herd or corral deer or elk, with dogs or otherwise, in a high-fence enclosure, while hunting or attempting to hunt.

(5) Facilities containing only red fox, gray fox and coyote (foxpens).

(6) Native game animals may be hunted in enclosures for noncommercial purposes without a Commercial Wildlife Hunting Resort Permit provided that it is done in accordance with statewide hunting regulations, including bag limits and license requirements.

PENALTY: $500.00 to $2,000.00

15.05RELEASE OF NATIVE AND NON-NATIVE WILDLIFEPROHIBITED. It shall be unlawful to release into the wild any native or non-native species of wildlife without prior approval of the Commission.

EXCEPTIONS:

(1) In accordance with a valid Game Bird Shooting Resort Permit specially relating to captive raised quail, pheasant, chukar and mallards.

(2) AGFC personnel in the performance of their official duties.

(3) Native wildlife, other than mountain lions, in accordance with a valid Commission Wildlife Rehabilitation Permit or a United States Fish and Wildlife Rehabilitation Permit.

(4)Individuals or organizations may be permitted to hold captive and possess on a temporary basis raccoon, fox, coyote, captive-reared mallards or pen-raised quail for the sole purpose of dog training or conducting field trial sanctioned by the American Kennel Club (AKC), National Field Retriever Association (NFRA), North American Hunting Retriever Association (NAHRA), Hunting Retrievers Club (HRC), United Kennel Club (UKC) or American Coon Hunters Association (ACHA) upon requesting and receiving written approval from the Commission.

(5) In accordance with a valid Falconry permit. Ref. Code 14.03 (Falconry Permit Required).

PENALTY: $500.00 to $5,000.00.

15.08GAME BIRD SHOOTING RESORT REQUIREMENTS. It shall be unlawful to operate any game bird shooting resort other than as specified herein:

(A) On any day, before hunting is allowed on a shooting resort, the resort operator must have released at least as many game birds as the number of birds intended to be harvested that day, less the number of the birds released the previous hunt that were not harvested;

(B) All acreage in the shooting resort will be contiguous and not exceed 1,500 acres;

(C) The exterior boundaries of each game bird shooting resort must be clearly defined and posted with signs erected around the perimeter at intervals of 300 feet or less and bearing the words, "Commercial Game Bird Shooting Resort."

(D) Operators of Game Bird Shooting Resorts may release captive-reared mallards for the sole purpose of flight training during daylight hours only from July 1 - September 1. After flight training has been completed, captive-reared mallards must be returned to their building or covered pen before sunset.

EXCEPTION:

(1) On any day hunting is allowed, the resort operator must release only the number of captive-reared mallards as will be harvested that day and, after hunting is completed, must re-capture all non-harvested mallards released during the hunt and return them to their building or covered pen.

PENALTY: $500.00 to $5,000.00.

002.00.05 Ark. Code R. 007

6/30/2005