§ 15-43-324 - General regulation of hoop, barrel, or pond nets.
15-43-324. General regulation of hoop, barrel, or pond nets.
(a) It shall be unlawful for any person to own, possess, or use, in this state, any hoop, barrel, or pond net on which license has not been paid, except as herein provided.
(b) Such nets shall contain meshes not less than two and one-half inches (21/2'') square.
(c) The annual license to use or possess hoop, barrel, or pond nets shall be one dollar ($1.00) each. With each net license there shall be issued a metal tag for each net authorized by such license and bearing a corresponding number thereto. Such tag shall be securely attached to the first hoop at the mouth of the net and shall remain attached thereto unless temporarily removed at the vat for tarring the net; provided, new, unused nets may be possessed without license or tags. The license and accompanying tags shall be in form and substance as approved by the Arkansas State Game and Fish Commission, and revenues arising therefrom shall be credited to the Game Protection Fund.
(d) The use or possession of any net or seine contrary to law is declared to be a public nuisance, and the confiscation thereof is declared to be necessary in protecting the public against such nuisance. Any sheriff, constable, warden, or other police officer who finds an illegally possessed or used net or seine, or a net or seine with illegal mesh, shall deliver the net or seine to a justice of the peace of the county where the net or seine is found. If the tackle is legal in make-up, the justice of the peace shall sell the net or seine to the highest and best bidder and pay the proceeds therefrom to the county treasurer of his or her county for transmittal to the Treasurer of State, to be credited to the Game Protection Fund, but if the tackle is illegal in structure, he or she shall order it destroyed immediately.
(e) Where any lead or wing is used in connection with any hoop, barrel, or pond net in overflow water, no other lead, net, or wing shall be set a closer distance to the lead or wing than the total length of the lead or wing. No lead or wing longer than one hundred (100) yards in length shall be used or set so as to obstruct more than fifty percent (50%) of the open water within the banks of any stream or body of water. No lead or wing used with hoop, barrel, or pond nets shall be dragged or moved through the water for the purpose of seining, or surrounding fish, but the lead or wing shall remain fixed after being set. It shall be unlawful for any person to drive or attempt to drive fish into wings or leads, pond, barrel, or hoop nets, by any means whatsoever. Leads or wings shall contain mesh not less than two and one-half inches (21/2'') square.
(f) Any person violating any provision of subsections (a)-(e) of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than twenty-five dollars ($25.00).