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2-38-504. Releasing hogs into the wild.
Arkansas Code — all titles (historical 2020) · legal_authorities
2-38-504. Releasing hogs into the wild.
(a) Except as provided in § 2-38-502(d), a person who knowingly releases or attempts to release a live hog upon public or private land upon conviction is guilty of an unclassified misdemeanor and is subject to a fine of not less than one thousand dollars ($1,000) per hog nor more than five thousand dollars ($5,000) per hog, imprisonment not exceeding ninety (90) days, or a combination of fine and imprisonment.
(b) Subsection (a) of this section does not prohibit a person from introducing a domestic hog for farm purposes onto private property enclosed with a fence sufficient under § 2-39-101 et seq. and with permission of the owner or lessee of the property.
(c) A person who knowingly purchases, sells, offers for sale, receives, possesses, imports, distributes, or transports a live feral hog upon conviction is guilty of an unclassified misdemeanor and is subject to a fine of one thousand dollars ($1,000) per hog or imprisonment not exceeding thirty (30) days, or both.
(d) Upon the arrest of a person under this section, the arresting law enforcement officer may seize and take custody of any hog in the possession of the arrested person and may seize any equipment used in furtherance of the violation, including without limitation a motor vehicle, trailer, and trap.
(e)(1) A court having competent jurisdiction:
(A) Shall order the forfeiture and immediate euthanasia of any hog that was the basis of a conviction under this section;
(B) May order the forfeiture and immediate euthanasia of a hog before a conviction if the court determines that the hog poses an imminent risk to public health or safety; and
(C) May order the forfeiture of any seized equipment.
(2) However:
(A) A conveyance used by any person as a common
Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-38-504
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:2-38-504
Source file: gov.ar.code.title.02.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 1b6f70a42519796b91076ad6dbd60b44dadd56d4bbe4a32f6208492bbdd74805
Source location: content.xml paragraph 8645
Stored source content
2-38-504. Releasing hogs into the wild.
(a) Except as provided in § 2-38-502(d), a person who knowingly releases or attempts to release a live hog upon public or private land upon conviction is guilty of an unclassified misdemeanor and is subject to a fine of not less than one thousand dollars ($1,000) per hog nor more than five thousand dollars ($5,000) per hog, imprisonment not exceeding ninety (90) days, or a combination of fine and imprisonment.
(b) Subsection (a) of this section does not prohibit a person from introducing a domestic hog for farm purposes onto private property enclosed with a fence sufficient under § 2-39-101 et seq. and with permission of the owner or lessee of the property.
(c) A person who knowingly purchases, sells, offers for sale, receives, possesses, imports, distributes, or transports a live feral hog upon conviction is guilty of an unclassified misdemeanor and is subject to a fine of one thousand dollars ($1,000) per hog or imprisonment not exceeding thirty (30) days, or both.
(d) Upon the arrest of a person under this section, the arresting law enforcement officer may seize and take custody of any hog in the possession of the arrested person and may seize any equipment used in furtherance of the violation, including without limitation a motor vehicle, trailer, and trap.
(e)(1) A court having competent jurisdiction:
(A) Shall order the forfeiture and immediate euthanasia of any hog that was the basis of a conviction under this section;
(B) May order the forfeiture and immediate euthanasia of a hog before a conviction if the court determines that the hog poses an imminent risk to public health or safety; and
(C) May order the forfeiture of any seized equipment.
(2) However:
(A) A conveyance used by any person as a common carrier is not subject to forfeiture under this subsection unless it appears that the owner or other person in charge of the conveyance was a consenting party or privy to the commission or attempt to commit the violation;
(B) Equipment is not subject to forfeiture under this subsection by reason of any act or omission established by the owner of the equipment to have been committed or omitted without his or her knowledge or consent and without the knowledge or consent of any person having possession, care, or control of the equipment with the owner's permission; and
(C) A forfeiture of equipment encumbered by a security interest is subject to the security interest of the secured party if the secured party neither had knowledge of nor consented to the use of the equipment in the commission or attempt to commit the violation.
(f) In addition to the fines, penalties, and forfeitures imposed under this section, a court may require the defendant to make restitution to the state or any of its political subdivisions for transporting, housing, feeding, euthanizing, and disposing of any hog forfeited under this section.
(g) A certified law enforcement officer may write a citation for a violation under this section.
(h)(1) Fines collected under this section shall be deposited into the Feral Hog Eradication Fund that is designated as special revenues for the Arkansas Natural Resources Commission.
(2) The funds designated under subdivision (h)(1) of this section are to be used for eradication efforts to eliminate feral hogs.
(i) This section does not apply to the purchase, sale, receipt, possession, import, or transportation of a live feral hog that serves as a mascot for an institution of higher education.
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Arkansas Code — all titles (historical 2020) · legal_authorities
2-38-502. Capturing and killing feral hogs.
(a) A person may capture or kill a feral hog only as follows:
(1) On private land if the person is the landowner or lessee or has the permission of the landowner or lessee;
(2) On public land if:
(A) Allowed by the landowning entity; and
(B) The person possesses a valid Arkansas hunting license and complies with Arkansas hunting rules; or
(3) After providing verification that he or she has a valid permit issued by the Arkansas Livestock and Poultry Commission in accordance with 16 U.S.C. § 742j-1, as it existed on January 1, 2019, upon determining that the permit applicant has a bona fide need to kill feral hogs for protection of land, water, wildlife, livestock, domesticated animals, human life, or crops, and not for a recreational hunting purpose.
(b) A person whose hunting license is revoked shall not take or kill a feral hog during the period of the revocation.
(c)(1) A feral hog captured by any means under subsection (a) of this section shall be immediately killed.
(2) If a feral hog is captured on private property and not moved from the private property, the landowner or lessee is not required to kill the feral hog immediately.
(d)(1) A feral hog may be released into the wild only when the commission authorizes an employee of a state or federal agency to capture or release a feral hog, or both, for tracking or research purposes and with permission of the owner or lessee of the property.
(2) Feral hogs that are captured for the purpose of tracking or research shall be killed upon completion of the tracking or research project.
(e) A certified law enforcement officer or a public employee engaged in the performance of his or her official duties is exempt from the requirements under subdivisions (a)(
Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-38-502
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 2-38-502. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
2-39-101. Kinds required for enclosures.
All fields and grounds kept for enclosures shall be enclosed with a fence.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-39-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 2-39-101. This identifies an authority to review, not proof of applicability.