Arkansas Captive Hunting Statutes and Regulations

Partial Ban: Ban on captive hunt of exotics. Deer/elk captive hunt operations are grandfathered in. No new hunting resort, breeding or deal permits after 2002. 

Statute

Statutes with licensing guidelines for private hunting operations and for the propagation of game birds and animals were repealed.

Regulation

Regulations promulgated by the Arkansas Game and Fish Commission define the term captivity or hold captive as "the holding of living wildlife in a controlled environment that is manipulated by man for the purpose of exercising ownership, possession or control of the wildlife, and that has boundaries designed to prevent selected species from entering or leaving the controlled environment," the term enclosure as "any area surrounded by a man-made barrier, including but not limited to fencing, walls, structures or other devices that prevent wildlife from leaving a particular environment," the term game animals as "alligator, black bear, bobcat, coyote, deer, elk, gray fox, red fox, mink, opossum, eastern cottontail rabbit, swamp rabbit, raccoon, gray squirrel and fox squirrel," the term high-fence enclosure as one "that contains an area of at least 500 contiguous acres, with at least sixty percent (60%) of the acreage in forested cover that has been classified as timberland by the local county tax assessor, that has a perimeter fence at least eight (8) feet high, with no cross fencing that has the effect of reducing the size of the area to less than 500 contiguous acres with at least sixty percent (60%) of the acreage in forested cover as herein provided," and the term wildlife hunting resort as "any facility, location, business or operation that is engaged in offering the opportunity to hunt or attempt to hunt captive wildlife" (01.00-C).

The Commissioner may issue a Commercial Wildlife Hunting Resort Permit for $500, a Wildlife Breeder or Dealer permit for $50, or a Wildlife Importation Permit for $25 (03.17).

It is illegal to "hold captive, confine, enclose or otherwise possess alive" any native or non-native wildlife, unless authorized (15.01).

A commercial wildlife hunting resort permit is required to introduce or release any wildlife "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." However, native game "may be hunted within a high-fence enclosure in compliance with Commission Codes 15.04."

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" (15.03).

In order to operate or maintain a commercial wildlife hunting resort for hunting purposes, one must obtain a permit 60 days prior to initiation of hunting, and comply with restrictions. Native game may be hunted "in enclosures equal to or greater than 500 contiguous acres of free range, having a fence of not less than eight (8) feet in height with no cross fencing that has the effect of reducing the size of the area to less than 500 contiguous acres, and having a minimum of sixty percent (60%) of forested cover that has been classified as timberland by the local county tax assessor." A permit is not required "for pens in which red fox, gray fox and coyote are pursued (foxpens) unless the facility is also a high-fence enclosure in which other native game species are hunted as part of a commercial operation" (15.04).

It is illegal to "release or allow to escape into the wild any native or non-native species" without approval (15.05).

All wildlife in captivity "shall be maintained in enclosures, pens, or cages that are sufficiently strong to prevent escape of the wildlife and protect them from injury". Cages, fencing, and guardrails must be kept in good repair and gates securely fastened. "Enclosures, pens, or cages considered unsafe by Commission personnel must be repaired or reconstructed within 60 day." Facilities containing "large carnivore and mountain lions" must have a perimeter fence of 8 feet or more. Cages have further restrictions. Wildlife Commercial breeding facilities containing red deer may not exist or be constructed within (15.11).

"Wildlife Breeder/Dealer Permits for new facilities rearing, breeding, propagating, producing or distributing any member of the cervidae family, including, but not limited to white-tailed deer and elk shall not be issued after October 17, 2002" (15.12).

Under a wildlife breeder or dealer permit, fencing of enclosures for deer, elk or other big game animals must consist of a permanent deer-proof fence of 8 feet or more. (15.13).

Any person keeping commercially-obtained, captive-born white-tailed deer or elk as pets must obtain a wildlife breeder/dealer permit if the number exceeds 6. (15.16).

An importation permit is required to import live wildlife regardless of the final destination. It is illegal to import, ship, transport, or carry into the state "any live member of the cervidae family," regardless of permit (15.18).

An official of the Arkansas Game and Fish Commission has clarified the above statements to mean that hunting of nonnative game animals within enclosures is banned. Native species (specifically deer and elk) may be hunted under the commercial wildlife hunting resort permit. However, neither new hunting resort permits nor any new wildlife breeder/dealer permits will be issues after October 17th, 2002. Existing resorts are essentially grandfathered into operation.

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