OPINION | ARKANSAS SPORTSMAN: AGFC counsel stands firm on license controversy

Members of the Arkansas Game and Fish Commission sparred with Jim Goodhart, the commission's legal counsel, on Wednesday about limiting non-resident lifetime license holders to 30 days of duck hunting on wildlife management areas.

In 2018, the commission passed a regulation which limited non-residents to 30 days of duck hunting on WMAs, beginning with the 2019-20 season. The regulation also requires non-residents to purchase five-day WMA duck hunting permits, which cost $30.50, with a season limit of six permits.

During the 2019 duck season, the commission learned that non-resident holders of Lifetime Sportsman's Permits were hunting on WMAs during periods that were open only to residents. The non-residents did so believing that the Lifetime Sportsman's Permit exempted them from the non-resident time limitation.

Before the 2020 duck season, the commission notified Lifetime Sportsman's Permit holders living out of state that the commission recognizes them as non-residents and that they are limited to 30-days of duck hunting season on WMAs.

This infuriated non-resident lifetime permit holders that believe that the lifetime license entitles them to all of the hunting and fishing privileges afforded to Arkansas residents. The commission has issued about 9,000 Lifetime Sportsman's Permits. Non-residents hold 1,756. Spencer Griffith, assistant chief of the commission's division, said that about 35 individuals have contacted the agency about this issue.

The Lifetime Sportsman's Permit, which costs $1,000, covers the cost of all licenses and permits for its holder's lifetime, including the non-resident five-day WMA duck hunting permits. The commission also issued non-resident state duck stamps to non-resident lifetime license holders for no extra charge because, Goodhart explained, it is illegal for a non-resident to possess a resident license. The Lifetime Sportsman's Permit is the only exception.

However, the Lifetime Sportsman's Permit does not grant lifetime Arkansas residency, Goodhart said.

The regulation does not make an exception for non-resident holders of Lifetime Sportsman's Permits. If you live outside of Arkansas, you are a non-resident and are subject to the non-resident provision of the regulation, Goodhart said.

Commissioners Bobby Martin, Anne Marie Doramus and Rob Finley advocated exempting non-residents who bought their lifetime licenses before the 30-day limitation took effect. Goodhart said that creating sub-classes among classes, especially on an economic basis, would put the commission in a vulnerable legal position.

"I would caution you about doing that because anytime you create a sub-category of a larger class, that has to be related to an overall objective," Goodhart said. "Why are you doing it?

"We have a short-term exception for students living out of state," Goodhart added. "We know we can do things like that, but would you want to do that for a class of individuals who have paid these fees? Was that [implied residency] really mixed in? It was not."

Goodhart reminded the commission that it passed the regulation in order to extend a preference to hunters who live in Arkansas, who pay taxes in Arkansas and who vote in Arkansas. The purpose was to alleviate overcrowding on wildlife management areas.

"If you create a subcategory based on payment and economics, how does that serve your overall purpose?" Goodhart asked.

Martin and Finley argued that the commission implied lifetime Arkansas resident status in its application for the Lifetime Sportsman's Permit. The permit application says, "Best of all, the permit remains valid if the holder moves to another state. Permit holders are extended the privileges covered by the Resident Sportsman's License ..."

Goodhart said the wording addresses the license's portability, but it does not and cannot extend portability to resident status.

"We couldn't sell a residency status," Goodhart said. "We do not let people move their permanent residence but pay to retain the right to vote in Arkansas. It doesn't work that way. If you grandfather that sub-group and you are tying that to a fee, that's going be a (legal) challenge. I'm always careful about saying somebody can pay economically to be put in a special status."

This kind of situation was unforeseen in 1987 when the commission created the Lifetime Sportsman's Permit. The non-resident WMA duck hunting regulation passed in 2019 is the first that limits the amount of time non-residents can hunt on WMAs.

Goodhart's delicately worded parries were a tactful warning to the commission to resist reinforcing the perception that the commission reflexively favors wealthy individuals that can afford a $1,000 license over less affluent Arkansans that rely on WMAs for a duck hunting experience.

Upcoming Events