Code Book
The regulations in this Code Book are hereby adopted by
the Arkansas State Game and Fish Commission under authority of Amendment 35 to
the Constitution of the State of Arkansas. All laws, rules, regulations, or
orders in conflict with the regulations in this Code Book are hereby repealed
by the Arkansas State Game and Fish Commission.
09.03
Release Of Wildlife
Prohibited
It is unlawful to release wildlife from, captivity without
prior written approval from, the Commission. Birds, other than ratites, that
are not kept in buildings or covered pens shall be considered to have been
released from captivity. To protect the health and safety of the public and the
wildlife resources, the Commission and its designees are authorized to
recapture or dispatch any wildlife, whether kept legally or illegally, that
escapes from. or is illegally released from. captivity.
EXCEPTIONS:
A. Captive-raised northern bobwhite,
ring-necked pheasant, and chukar may be released in compliance with a Game Bird
Shooting Resort Permit.
B. Native
wildlife, other than mountain lions, may be released on private land in
compliance with a Commission Wildlife Rehabilitation Permit or a U.S. Fish and
Wildlife Rehabilitation Permit or in accordance with Code 05.10 Exception
B.
C. Persons may be permitted on a
temporary basis to possess, hold captive and release raccoon, fox, coyote,
captive-reared mallards, pen-raised northern bobwhite, chukar or ring-necked
pheasant for the purposes of training dogs 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 or American Coon Hunters Association upon requesting a
Shoot-To-Kill Bird Dog Training Permit or Retrieving Dog Training Permit (for
captive-reared mallards) and/or receiving written approval from. the Chief of
Wildlife Management.
D. In
compliance with (Code 09.15).
PENALTY: Class 3
A. Any person convicted of violating this
regulation shall be liable for the costs accrued by the Commission in the
recapture, including all man hours of Commission personnel, storage and care of
any released and/or recaptured wildlife in connection with the
violation.
B. Any person convicted
of violating this regulation shall be liable for the costs of any and all tests
and/or examinations of the released wildlife and shall be liable for the costs
of destruction and/or disposal of the released wildlife, as deemed necessary by
the Commission for the protection of native wildlife.