Constitution of Arkansas (2025 publisher edition) — Amendment 35: WILD LIFE — CONSERVATION — ARKANSAS STATE

Publisher edition notice: This collection preserves the complete constitutional appendix of the Secretary of State’s 2025 Election Laws and Constitution compilation: its preamble, twenty original articles, schedule and 104 published amendments, including annotations and explicit repealed notices. Repealed notices remain historical publisher context. Later amendments have not been independently verified.

Amendment 35

AMEND. 35. WILD LIFE — CONSERVATION — ARKANSAS STATE
GAME AND FISH COMMISSION
Publisher’s Notes. This amendment was proposed by
initiative petition and approved at the general election on
Nov. 7, 1944, by a vote of 115,214 for and 72,797 against.
See Acts 1945, p. 770.
Effective Dates.
Ark. Const. Amend. 35, § 8 (part): July 1, 1945.
§ 1. Commission created — Members — Powers.
The control, management, restoration, conservation and regulation of birds, fish, game and
wildlife resources of the State, including hatcheries, sanctuaries, refuges, reservations and all
property now owned, or used for said purposes and the acquisition and establishment of same,
the administration of the laws now and/or hereafter pertaining thereto, shall be vested in a
Commission to be known as the Arkansas State Game and Fish Commission, to consist of eight
members. Seven of whom shall be active and one an associate member who shall be the Head of
the Department of Zoology at the University of Arkansas, without voting power.
§ 2. Qualifications and appointment of members — Terms of office of first commission.
Commissioners shall have knowledge of and interest in wildlife conservation. All shall be
appointed by the Governor. The first members of the Commission shall be appointed by the
Governor for terms as follows: One for one year, one for two years, one for three years, one for four
years, one for five years, one for six years, and one for seven years. Each Congressional District
must be represented on the Commission.
§ 3. Term of office of members.
Upon the expiration of the foregoing terms of the said Commission, a successor shall be
appointed by the Governor for a term of seven years, which term of seven years shall thereafter
be for each member of the Commission. No Commissioner can serve more than one term and none
can succeed himself.
§ 4. Oath of office — Members serve without compensation — Expenses — Payment.
Each Commissioner shall take the regular oath of office provided in the Constitution and serve
without compensation other than actual expenses while away from home engaged entirely on the
work of the Commission.
§ 5. Removal of members — Hearing — Review and appeal.
A Commissioner may be removed by the Governor only for the same causes as apply to other
Constitutional Officers, after a hearing which may be reviewed by the Chancery Court for the
First District with right of appeal therefrom to the Supreme Court, such review and appeal to be
without presumption in favor of any finding by the Governor or the trial court.
675 Amend. 35, § 5 FISH AND GAME

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Publisher’s Notes. Amendment 80 to the Arkansas
Constitution, effective July 1, 2001, established circuit
courts as the trial courts of original jurisdiction of all
justiciable matters not otherwise assigned pursuant to the
Constitution and specifically provided that “jurisdiction
conferred on Circuit Courts established by this Amend-
ment includes all matter previously cognizable by Circuit,
Chancery, Probate and Juvenile Courts…”.
§ 6. Vacancies — Filling — Chairman of commission.
Vacancies on the Commission due to resignation or death shall be filled by appointment of the
Governor for the unexpired term within thirty days from date of such vacancy; upon failure of the
Governor to fill the vacancy within thirty days, the remaining Commissioners shall make the
appointment for the unexpired term. A chairman shall be elected annually from the seven
members of the Commission to serve one year.
§ 7. Executive secretary and other personnel — Selection — Salaries and expendi-
tures.
The Commission shall elect an Executive Secretary, whose salary shall not exceed that of
limitations placed on other constitutional departments; and other executive officers, supervisor,
personnel, office assistants, wardens, game refuge keepers, and hatchery employees, whose
salaries and expenditures must be submitted to the Legislature and approved by an Act covering
specific items in the appropriation as covered by Article XVI Section 4 of the Constitution. [As
amended by Const. Amend. 86.]
Publisher’s Notes. Ark. Const. Amend. 86, which
amended this section effective January 1, 2009, was pro-
posed by H.J.R. 1004 during the 2007 Regular Session and
adopted at the November 2008 general election by a vote of
664,671 for and 292,436 against. The amendment deleted
“biennial” preceding “appropriation”.
§ 8. Nepotism prohibited — Powers of arrest — Funds — Use — Purposes — Game
Protection Fund — Audit of accounts — Resident hunting and fishing
licenses — Powers of commission.
No person shall be employed by the Commission who shall be related to any of the
Commissioners or any other State officers within the third degree of relationship by blood or
marriage. All employed personnel may make arrests for violation of the game and fish laws.
The fees, monies, or funds arising from all sources by the operation and transaction of the said
Commission and from the application and administration of the laws and regulations pertaining
to birds, game, fish and wildlife resources of the State and the sale of property used for said
purposes shall be expended by the Commission for the control, management, restoration,
conservation and regulation of the birds, fish and wildlife resources of the State, including the
purchases or other acquisitions of property for said purposes and for the administration of the
laws pertaining thereto and for no other purposes. All monies shall be deposited in the Game
Protection Fund with the State Treasurer and such monies as are necessary, including an
emergency fund, shall be appropriated by the Legislature at each legislative session for the use
of the Game and Fish Commission as hereto set forth. No monies other than those credited to the
Game Protection Fund can be appropriated.
All money to the credit of or that should be credited to the present Game Protection Fund shall
be credited to the new Game Protection Fund and any appropriation made by the Legislature out
of the Game Protection Fund shall be construed to be for the use of the new Commission and out
of the new Game Protection Fund.
The books, accounts and financial affairs of the Commission shall be audited by the State
Comptroller as that department deems necessary, but at least once a year.
Resident hunting and fishing license, each, shall be One and 50/100 Dollars annually, and shall
not exceed this amount unless a higher license fee is authorized by an Act of Legislature.
The Commission shall have the exclusive power and authority to issue licenses and permits, to
regulate bag limits and the manner of taking game and fish and furbearing animals, and shall
have the authority to divide the State into zones, and regulate seasons and manner of taking
game, and fish and furbearing animals therein, and fix penalties for violations. No rule or
676 Amend. 35, § 6 CONSTITUTION OF ARKANSAS

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regulations shall apply to less than a complete zone, except temporarily in case of extreme
emergency.
Said Commission shall have the power to acquire by purchase, gifts, eminent domain, or
otherwise, all property necessary, useful or convenient for the use of the Commission in the
exercise of any of its duties, and in the event the right of eminent domain is exercised, it shall be
exercised in the same manner as now or hereafter provided for the exercise of eminent domain
by the State Highway Commission. All laws now in effect shall continue in force until changed by
the Commission. All contracts and agreements now in effect shall remain in force until the date
of their expiration.
This amendment shall not repeal, alter or modify the provisions of any existing special laws
under the terms of which a County Game Commission has been created:
The Commission shall be empowered to spend such monies as are necessary to match Federal
grants under the Pittman-Robertson or similar acts for the propagation, conservation and
restoration of game and fish.
This amendment shall become effective July 1, 1945.