Possessing Nonnative (a/k/a “Exotic”) Wildlife in Arkansas
By James F. Goodhart
H James (Jim) Goodhart has served as General Counsel for the Arkansas Game and Fish Commission since 1997. He is pictured here with an AGFC resident, Tia, a speckled kingsnake (Lampropeltis holbrooki).
istorically, the Arkansas Game and Fish Commission (“AGFC”) has regulated the possession, breeding, and management of many “captive-reared” wildlife species.1 In 1944, the citizens of Arkansas approved Amendment 35 to the Arkansas Constitution, which advanced a new science-based approach for the conservation and regulation of wildlife in Arkansas.2 Since then, Arkansas courts, as well as the Arkansas Attorney General, have recognized that Amendment 35 authorizes AGFC to administer regulations for a broad range of wildlife, which includes captive-reared, nonnative or “exotic” wildlife.3 For many years, AGFC has restricted the importation of various captive wildlife species and required permits for their private possession, breeding, and sale.4 Justifications for these regulations include preventing introduction of invasive species, parasites, and diseases harmful to native wildlife and/or agriculture; protecting public safety, especially from dangerous species and zoonotic diseases; protecting native wildlife from over-exploitation and commercialization; and protecting global wildlife from over-exploitation.5 The possession of live wildlife in captivity is generally prohibited, except in accordance with a list of enumerated exceptions.6 Additionally, AGFC has adopted possession restrictions that apply to certain individual captive, nonnative wildlife species.7 Currently, the bulk of AGFC’s regulations for captive wildlife fall under four main topics: 1. 2. 3.
4.
Wildlife Importation Permit Requirements; Wildlife Breeder/Dealer Permit Requirements; Species-specific Regulations, including primarily: Box Turtles; Cervids; Large Carnivores; Large Primates; Rabies-Vector Species; Venomous Reptiles; and Waterfowl/Game Birds; and Unrestricted, Permitted, and Prohibited Captive Wildlife Species Lists.8
Before bringing any captive wildlife into Arkansas or transporting it through the state, a person must apply to receive a Wildlife Importation Permit, unless the particular species is exempt due to listing in the Unrestricted Captive Wildlife Species List.9 When applying for the permit, the owner of the captive wildlife must submit written documentation showing the origin and destination of each animal 18
The Arkansas Lawyer
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