002.01.20 Ark. Code R. § 037 - 9.01 Possession of Certain Wildlife In Captivity Prohibited
It is unlawful to possess, hold captive, confine, or enclose any live wildlife, whether native or non-native, migratory or imported, unless otherwise specified herein.
EXCEPTIONS:
A.
Accredited members of the Association of Zoos and Aquariums.
B. Persons possessing and holding captive
wildlife in compliance with Chapter 09.00.
C. Persons possessing and holding captive
fish, bullfrogs, mussels, aquatic turtles, alligators, and other aquatic
wildlife in compliance with Chapters 29.00, 30.00, 31.00, 32.00, 33.00, 34.00,
35.00 and Addendum Chapter J1.00.
D. Persons may be permitted to possess and
hold captive on a temporary basis captive-reared mallards, pen-raised northern
bobwhite, coyote, fox, squirrel, or raccoon for the sole purpose of dog
training or conducting field trials sanctioned by the American Kennel Club,
National Field Retriever Association, North American Hunting Retriever
Association, Hunting Retrievers Club, United Kennel Club, Professional Kennel
Club, or American Coon Hunters Association upon requesting and receiving a
Shoot-to-Kill Retrieving Dog Training Permit (for captive-reared mallards)
and/or written approval from the Chief of Wildlife Management.
E. Persons determined by the Commission to be
involved in bona fide scientific research, education, or conservation efforts
of significant benefit to wildlife or wildlife habitat in Arkansas may be
permitted to possess and hold captive wildlife in compliance with the terms of
a special permit issued by the Chief of Wildlife Management.
F. RESERVED.
G. Persons with a valid U.S. Fish and
Wildlife Service migratory bird permit may possess migratory birds in
compliance with the terms of that permit. Holders of this permit are not exempt
from subsequent regulations in Chapter 09.00. Holders of a valid U.S. Fish and
Wildlife Service Raptor Propagation Permit are not required to obtain a
Commission Wildlife Breeder/Dealer Permit to propagate or distribute
raptors.
H. Persons may possess
species listed in Addendum R1.01.
I. Persons may possess terrestrial
invertebrate species not otherwise prohibited by this Code or by federal or
state regulations.
PENALTY: Class 2
A. Any wildlife possessed in violation of
this regulation may be declared contraband and subject to immediate
seizure.
B. Upon conviction, or
before, if so ordered by a court having legal jurisdiction, title to the
wildlife shall be forfeited to the Commission and released or disposed of in
compliance with Commission policy.
C. Any person convicted of violating this
regulation shall be liable for the costs accrued in the storage, care, and
maintenance of any equipment or wildlife seized in connection with the
violation.
D. Any person convicted
of violating this regulation shall be liable for the costs of any and all tests
and/or examinations of the illegal wildlife and also shall be liable for the
costs of destruction and/or disposal of the illegal wildlife, as deemed
necessary by the Commission for the protection of native wildlife.
Notes
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