Biological Diversity Policy

No formal biodiversity policy exists, but the state has several related policies. One statute declares the preservation of land, air, water and areas of ecological and biological importance to be state policy. (Ark. Code Ann. 15-20-302) Another mandates promotion of the sound management, conservation and public awareness of the state's rich diversity of native plants and nongame animals. (Ark. Code Ann. 15-45-301)

Status of Biodiversity Science

Arkansas has no coordinated assessment system in place but the state uses a Natural Heritage database of natural areas and rare species (Ark. Code Ann. 15-20-308) and GAP.

Endangered Species

Arkansas does not have an endangered species act. Regulations prohibit trafficking in endangered species but do not require their recovery. (Ark. Reg. 18.20) Penalties for violations range from $500 to $2,000. Listed species include state and federally listed species of plants and animals. (Ark. Reg. 18.01.00-c)

State Agency Management for Biodiversity

State-owned Lands

Some state agencies plan and manage their lands in a biologically sustainable manner For example, all state parks are designated as bird sanctuaries. The state constitution requires that habitat in game and fish management areas be protected. (Ark. Const. amend. XXXV, 1)

Cooperative Efforts

Few programs of cooperative efforts to improve land management exist. However, the Natural Heritage Commission does provide technical assistance to government agencies on how to protect land for its natural diversity. (Ark. Code Ann. 15-20-304)

State Agency Training

This report did not identify any biodiversity training programs for agency staff.

Impact Assessment

Arkansas does not have a "little NEPA" requiring agencies to assess the environmental impacts of their proposed actions. However, the Game and Fish Commission must prepare an environmental impact statement before logging on lands it manages. (Ark. Code Ann. 15-41-108)

Habitat Acquisition

Arkansas has several land acquisition programs that target wildlife habitat. For example, the Natural Heritage Commission acquires lands for its Natural Areas System. (Ark. Code Ann. 15-20-308, 309) Acquisition priorities include undisturbed natural areas, habitat for rare and endangered plants and animals and areas of unusual ecological quality. A Nongame Preservation Program acquires and protects habitat for the "rich diversity of native plants and nongame animals" and educates the public. (Ark. Code Ann. 15-45-301, 303) It is funded by a state income tax check-off. Priority is given to purchasing habitat for rare, threatened or endangered species. (Ark. Code Ann. 15-45-303)

Private Land Conservation

Arkansas has several private land conservation programs. For example, private landowners can have their land set aside as a game, wild bird or other wildlife refuge. (Ark. Code Ann. 15-45-202, 203) Tax incentives are given for the creation and restoration of private wetlands and riparian zones. (1995 Ark. Acts 561) An "Acres for Wildlife" program encourages farmers to take land out of production for the benefit of wildlife.

Exotic Species

Arkansas has several provisions to control the introduction and spread of exotic species. The Plant Act restricts introductions of plants and insects. (Ark. Code Ann. 2-16-207) Penalties for violations are misdemeanor citations. (Ark. Code Ann. 2-16-203) The release of imported or domesticated wildlife requires a permit, and the importation or possession of species designated by the state as "undesirable" is prohibited. (Ark. Reg. 18.12) Several other provisions exist relating to non-native fish species. (Ark. Reg. 32.12-14, 42.05, 42.09)

Predator or Animal Damage Control Activities

Arkansas' animal damage control program is run by the federal government, which concentrates on migratory birds and provides technical assistance to citizens. The state offers bounties for dead wolves. (Ark. Code Ann. 15-46-102) The use of traps in Arkansas is limited to smooth-jawed steel traps, which must be checked daily (Ark. Code Ann. 15-43-233)

Additional Legal Protections for Biodiversity

This report did not identify any constitutional or common law protections for biodiversity.

Related Issues

Arkansas uses Project WILD and other environmental education projects. The state is developing a viewing guide as part of the Watchable Wildlife series.

Arkansas requires county land-use plans to protect areas of critical environmental concern. (Ark. Code. Ann. 14-17-206)

A constitutional amendment proposed in 1995 would have provided additional funds to the Game and Fish Commission for wildlife protection. The amendment would have increased the excise tax on services and property sales by one eighth of one percent. Polls showed that voters would have approved the amendment. However, it was not put on the ballot because of a technical filing error. It is unclear whether another attempt will be made to do so.

Arkansas does not have a takings law, although several bills were introduced in the 1995 legislative session, and a commission was formed to study the issue.

Contacts:

Department of Parks and Tourism
One Capitol Mall
Little Rock, AR 72201
501-682-7777

Forestry Commission
3821 W. Roosevelt Rd.
Little Rock, AR 72204-6395
501-664-2531

Game and Fish Commission
#2 Natural Resources Dr.
Little Rock, AR 72205
501-233-6300

Natural Heritage Commission
1500 Tower Bldg.
323 Center St.
Little Rock, AR 72201
501-324-9619

State Extension Services
Box 391
Little Rock, AR 72203
501-671-2001

ADC State Director
55 Post Office Building
600 W. Capitol Avenue
Little Rock, AR 72201
501-324-5382