002.01.20 Ark. Code R. § 052 - F1.01 Commercial Wildlife Hunting Resort Requirements
A. Commercial
Wildlife Hunting Resort Permits may be issued to applicants complying with the
following requirements:
1. The applicant must
be at least 18 years old and shall not have been convicted of, or entered a
plea of guilty or nolo contendere for, violating any federal, state or
municipal law governing captive wildlife, illegal appropriation or
commercialization of wildlife, or cruelty to animals within 5 years of
application date.
2. The applicant
shall provide to the Commission, in writing, proof from the county judge or
sheriff and any municipal planning commission or board with jurisdiction,
stating that the applicant's hunting resort shall be in compliance with all
local ordinances.
3. The applicant
shall submit a written application (available from the Commission) for each
facility to be permitted.
B. The requested permit shall be denied if:
1. The applicant fails to meet any of the
issuance criteria set forth in this addendum chapter;
2. The applicant fails to disclose material
information required, makes false statements as to any material fact in
connection with the application, or supplies false information or makes a false
statement on the application;
3.
The Commission finds, through further inquiry or investigation, the issuance of
the permit may be potentially harmful to the wildlife resources of the
State.
C. Commercial
wildlife hunting resorts must comply with the following:
1. Commercial Wildlife Hunting Resort Permits
must be obtained at least 60 days before hunting begins. Operators must notify
the Commission upon any change of ownership or enclosure size.
2. Native game animals, except black bear,
may be hunted within commercial wildlife hunting resorts in accordance with
statewide hunting regulations and license requirements. Such high-fence
enclosures shall be at least 500 contiguous acres of free range (no
cross-fencing) with a fence at least 8 feet in height around the
perimeter.
3. Deer and elk may be
hunted within commercial wildlife hunting resorts with any legal method of take
for deer or elk hunting from October-February. Limits do not apply. An elk
permit is not required.
4.
High-fence enclosures shall have at least 60 percent forested cover classified
as timberland by the county tax assessor.
5. Hunting, chasing, herding or corralling
deer or elk with dogs within a commercial wildlife hunting enclosure is
prohibited.
6. Hunting non-native
wildlife within a high-fence enclosure is prohibited.
7. The perimeter fencing of a high-fence
enclosure must be posted at least every 300 feet with yellow signs marked with
"Commercial Wildlife Hunting Resort" in black letters at least 4 inches
tall.
8. All cervids held captive
under this permit that die, including those harvested by hunters, shall be
tested for chronic wasting disease by the Arkansas Livestock and Poultry
Commission at the expense of the permit holder. The permit holder shall submit
the results of such testing to the Commission within seven days of
receipt.
D. Reporting
and Record-Keeping Requirements:
1. Owners or
operators of commercial wildlife hunting resorts must keep legible and complete
records showing the name and current address of each hunter, the date, number
of wildlife and sex of each animal taken.
2. Records shall include evidence of legal
possession of all wildlife kept under this permit, including licenses, bills of
sale, bills of lading, receipts, invoices or other satisfactory evidence of
ownership. Records shall include the date of acquisition, place of origin, and
the name, address and telephone number of the person from whom the wildlife was
acquired.
3. Records must be
retained throughout the time the wildlife is possessed by the permittee or for
five years, whichever is longer.
4.
Permit holders shall submit a completed Commercial Wildlife Hunting Resort
Harvest Report (form available from the Commission) by May 1.
5. Stock shall only be acquired from either a
Commission-permitted Wildlife Breeder/Dealer or have been brought into the
state in accordance with a Commission Wildlife Importation Permit. Permits will
not be issued to and existing permits may be revoked for facilities that have
acquired stock by any other method.
E. Disease Testing and Control:
1. The director of the Commission, in
consultation with the director of the Arkansas Livestock and Poultry
Commission, or their designees, shall determine mechanisms and procedures for
control of diseases and parasites in captive wildlife within Arkansas. Such
mechanisms and procedures shall include, but not be limited to, examination,
testing, quarantine and slaughter or destruction of individual animals and/or
herds that are, or in the opinion of the Commission may be, infected with a
disease or parasite that may have significant detrimental effect on native
wildlife, other captive wildlife, livestock or the public health of the
citizens of Arkansas.
2.
Examinations, testing, quarantine and slaughter of captive wildlife shall be
conducted at the expense of the owner. As a condition of any permit issued
under this addendum chapter, the Commission may require the captive wildlife be
quarantined for a period specified by the Commission.
F. Facility and Enclosure Requirements:
1. All wildlife possessed in captivity shall
be maintained in enclosures that are sufficiently strong to prevent escape of
the wildlife and will protect the wildlife from injury.
2. Enclosures shall be kept in good repair at
all times and gates shall be securely fastened with latches or locks.
3. Permit holders whose facilities, including
enclosures, are not in compliance with this addendum chapter shall correct the
violation within 10 days of notification, or sooner if so ordered by the
Commission.
4. If the violation has
not been corrected within required time, the Commission may revoke or suspend
any existing permit and may refuse to issue any future permit. Such revocation,
suspension or refusal to issue a future permit shall be in addition to any
criminal charges that may be filed.
5. All wildlife shall be maintained in humane
and healthy conditions.
G. Inspection:
1. Permit holders shall allow agents of the
Commission to enter and inspect the premises, including books, records or
permits required to be kept and any wildlife and/or facilities kept under
authority of permit.
2. Each
permittee shall pen the captive wildlife in suitable pens and restrain them for
inspection, at a reasonable time, when requested to do so by an agent of the
Commission.
H. Permit
Renewal, Transfer, Suspension And Revocation: 1.
Persons in violation of the terms of this permit, this addendum chapter, Commission Codes, or convicted of violating associated regulations of the U.S. Fish and Wildlife Service, shall be notified in writing and shall have 20 days to respond with just cause as to why their permit should not be suspended or revoked.
2. If after 20
days just cause has not been given, the Commission may suspend or revoke any
existing permit held by the violator and may refuse to issue future permits.
Permit suspension, revocation or refusal shall be in addition to any criminal
charges that may be filed.
3. Upon
revocation, permit holder must remove by legal means all captive wildlife
within the time designated in the revocation, not to exceed 60 days, and
failure to do so shall result in the Commission taking action, per Commission
policy, at the permit holder's expense.
Notes
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