Ariz. Admin. Code § 12-4-406

Current through Register Vol. 30, No. 25, June 21, 2024

Section R12-4-406 - Restricted Live Wildlife

A. In order to lawfully possess wildlife listed as restricted under this Section, for any activity prohibited under A.R.S. §§ 17-255.02, 17-306, R12-4-902, or this Article, a person shall possess:

1. All applicable federal licenses and permits; and

2. The appropriate special license listed under R12-4-409(A); or

3. Act under a lawful exemption authorized under A.R.S. § 17-255.04, R12-4-316, R12-4-404, R12-4-405, R12-4-407, R12-4-425, R12-4-427, and R12-4-430.

B. The Commission recognizes the online taxonomic classification from the Integrated Taxonomic Information System as the authority in determining the designations of restricted live mammals, birds, reptiles, amphibians, fish, crustaceans, and mollusks referenced under this Article. The Integrated Taxonomic Information System is available at any Department office and at www.itis.gov.

C. All of the following are considered restricted live wildlife and are subject to the requirements of this Article, unless otherwise specified:

1. Hybrid wildlife, as defined under R12-4-401, resulting from the interbreeding of at least one parent species of wildlife that is listed as restricted under this Section. Hybrid wildlife that is the progeny of a restricted wildlife species and a nonrestricted wildlife species is considered restricted wildlife.

2. Transgenic species, unless otherwise specified under this Article. For the purposes of this Section, "transgenic species" means any organism that has had genes from another organism put into its genome through direct human manipulation of that genome. Transgenic species do not include natural hybrids or individuals that have had their chromosome number altered to induce sterility. A transgenic animal is considered wildlife if the genetic material originated from a restricted wildlife species.

D. Domestic animals, as defined under R12-4-401, are not subject to restrictions under A.R.S. Title 17, 12 A.A.C. 4, or Commission Orders.

E. For subsections (F) through (M), the common names are provided as examples only and are not all-inclusive of the order, family, or genus.

F. Unless otherwise specified, all mammals listed below are considered restricted live wildlife:

1. All species of the order Afrosoricida. Common names include: golden moles and tenrecs and.

2. All species of the following families of the order Artiodactyla. Common name: even-toed ungulates:

a. The family Antilocapridae. Common name: pronghorns.

b. The family Bovidae. Common names include: antelopes, bison, buffalo, cattle, duikers, gazelles, goats, oxen, and sheep. Except the following genera which are not restricted:

i. The genus Bubalus. Common name: water buffalo.

ii. The genus Bison. Common name: American bison, bison, or buffalo.

c. The family Cervidae. Common names include: cervid, deer, elk, moose, red deer, and wapiti.

d. The family Tayassuidae. Common name: peccaries.

3. All species of the order Carnivora. Common names include: bears, foxes, ocelot, raccoons, ser-vals, skunks, wolves, and weasels.

4. All species of the order Chiroptera. Common name: bats.

5. All species of the genus Didelphis. Common name: American opossums.

6. All species of the order Erinaceomorpha. Common names include: European hedgehogs, gymnures, and moonrats. Except members of the genus Atelerix, which are not restricted. Common name: longeared and pygmy hedgehogs.

7. All species of the order Lagomorpha. Common names include: hares, pikas, and rabbits. Except for members of the genus Oryctolagus containing domestic rabbits, which are not wildlife and are not restricted.

8. All nonhuman primates. Common names include: chimpanzees, gorillas, macaques, orangutans, and spider monkeys.

9. All species of the following families of the order Rodentia. Common name: rodents:

a. The family Capromyidae. Common name: hutias.

b. The family Castoridae. Common name: beavers.

c. The family Dipodidae. Common name: jumping mouse.

d. The family Echimyidae. Common names include: coypus and nutrias.

e. The family Erethizontidae. Common name: new world porcupines.

f. The family Geomyidae. Common name: pocket gophers.

g. The family Sciuridae. Common names include: chipmunks, marmots, prairie dogs, squirrels, and woodchucks.

10. All species of the order Soricomorpha. Common names include: desmans, moles, shrews, and shrew-moles.

11. All species of the order Xenarthra. Common names include: anteaters, armadillos, and edentates, or sloths,.

G. Birds listed below are considered restricted live wildlife:

1. The following species within the family Phasianidae. Common names: grouse, pheasants, partridges, quail, and turkeys:

a.Alectoris chukar. Common name: chukar.

b.Callipepla gambelii. Common name: Gambel's quail.

c.Callipepla squamata. Common name: scaled quail.

d.Colinus virginianus. Common name: northern bobwhite. Restricted only in game management units 36A, 36B, and 36C as prescribed under R12-4-108.

e.Cyrtonyx montezumae. Common name: harlequin, Mearn's, or Montezuma quail.

f.Dendragapus obscurus. Common name: dusky grouse.

g.Mealagris gallopavo gallopavo, M. g. intermedia, M. g. merriami, M. g. mexicana, M. g. osceola, B. g. silvestris, and M. ocellata. Common name: wild turkey.

2. All species listed under the Migratory Bird Treaty Act listed under 50 CFR 10.13 revised October 1, 2019, and no later amendments or editions. The incorporated material is available from the U.S. Government Printing Office, Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000, and is on file with the Department.

H. Reptiles listed below are considered restricted live wildlife:

1. All species of the order Crocodilia. Common names include: alligators, caimans, crocodiles, and gavials.

2. All species of the following families or genera of the order Squamata:

a. The family Atractaspididae. Common name: burrowing asps.

b. The following species and genera of the family Colubridae:

i.Boiga irregularis. Common name: brown tree snake.

ii.Dispholidus typus. Common name: boomslang.

iii.Rhabdophis. Common name: keelback.

iv.Thelotornis kirtlandii. Common names include: bird snake or twig snake.

c. The family Elapidae. Common names include: Australian elapids, cobras, coral snakes, kraits, mambas, and sea snakes.

d. The family Helodermatidae. Common names include: Gila monster and Mexican beaded lizard.

e. The family Viperidae. Common names include: pit and true vipers, including rattlesnakes.

3. The following species of the order Testudines:

a. All species of the family Chelydridae. Common name: snapping turtles.

b. All species of the genus Gopherus. Common names include: gopher tortoises, including the desert tortoise.

I. Amphibians listed below are considered restricted live wildlife. The following species within the order Anura, common names frogs and toads:

1. The species Bufo horribilis, Bufo marinus, Bufo schneideri. Common names include: giant or marine toads.

2. All species of the genus Rana. Common names include: bullfrogs and leopard frogs. Except bullfrogs possessed under A.R.S. § 17-102.

3. All species of the genus Xenopus. Common name: clawed frogs.

J. Fish listed below are considered restricted live wildlife:

1. All species of the family Acipenseridae. Common name: sturgeon.

2. The species Amia calva. Common name: bowfin.

3. The species Aplodinotus grunniens. Common name: freshwater drum.

4. The species Arapaima gigas. Common name: bony tongue.

5. All species of the genus Astyanax. Common name: tetra.

6. The species Belonesox belizanus. Common name: pike topminnow.

7. All species, both marine and freshwater, of the orders Carcharhiniformes, Heterodontiformes, Hexanchiformes, Lamniformes, Orectolobiformes, Pristiophoriformes, Squaliformes, Squatiniformes, and except for all species of the families Brachaeluridae, Hemiscylliidae, Orectolobidae, and Triakidae; genera of the family Scyliorhinidae, including Aulohalaelusrus, Halaelurus, Haploblepharus, Poroderma, and Scyliorhinus; and genera of the family Parascylliidae, including Cirrhoscyllium and Parascyllium. Common name: sharks.

8. All species of the family Centrarchidae. Common name: sunfish.

9. All species of the family Cetopsidae and Trichomycteridae. Common name: South American catfish.

10. All species of the family Channidae. Common name: snakehead.

11. All of the species Cirrhinus mrigala, Gibelion catla, and Labeo rohita. Common name: Indian carp.

12. All species of the family Clariidae. Common names include: airbreathing catfish or labyrinth.

13. All species of the family Clupeidae except threadfin shad, species Dorosoma petenense. Common names include: herring and shad.

14. The species Ctenopharyngodon idella. Common names include: white amur or grass carp.

15. The species Cyprinella lutrensis. Common name: red shiner.

16. The species Electrophorus electricus. Common name: electric eel.

17. All species of the family Esocidae. Common names include: pickerels and pike.

18. All species of the family Hiodontidae. Common names include: goldeye and mooneye.

19. The species Hoplias malabaricus. Common name: tiger fish.

20. The species Hypophthalmichthys molitrix. Common name: silver carp.

21. The species Hypophthalmichthys nobilis. Common name: bighead carp.

22. All species of the family Ictaluridae. Common name: catfish.

23. All species of the genus Lates and Luciolates. Common name: nile perch.

24. All species of the family Lepisosteidae. Common name: gar.

25. The species Leuciscus idus. Common names include: ide and whitefish.

26. The species Malapterurus electricus. Common name: electric catfish.

27. All species of the family Moronidae. Common name: temperate bass.

28. The species Mylopharyngodon piceus. Common name: black carp.

29. All species of the family Percidae. Common names include: pike and walleye perches.

30. All species of the family Petromyzontidae. Common name: lamprey.

31. The species Polyodon spathula. Common name: American Paddlefish.

32. All species of the family Potamotrygonidae. Common name: stingray.

33. All species of the genera Pygocentrus, Pygopristis, and Serrasalmus. Common name: piranha.

34. All species of the family Salmonidae. Common names include: salmon and trout.

35. The species Scardinius erythrophthalmus. Common name: rudd.

36. All species of the family Serranidae. Common name: bass.

37. The following species, and hybrid forms, of the Genus Tilapia: O. aureus, O. mossambica; O. niloticus, O. urolepis hornorumand T. zilli. Common name: tilapia.

38. The species Thymallus arcticus. Common name: Arctic grayling.

K. Crustaceans listed below are considered restricted live wildlife:

1. All freshwater species within the families Astacidae, Cambaridae, and Parastacidae. Common name: crayfish.

2. The species Eriocheir sinensis. Common name: Chinese mitten crab.

L. Mollusks listed below are considered restricted live wildlife:

1. The species Corbicula fluminea. Common name: Asian clam.

2. All species of the family Dreissenidae. Common names include: quagga and zebra mussel.

3. The species Euglandina rosea. Common name: rosy wolfsnail.

4. The species Mytilopsis leucophaeata. Common names include: Conrad's false dark mussel or false mussel.

5. All species of the genus Pomacea. Common names include: apple snail or Chinese mystery snail.

6. The species Potamopyrgus antipodarum. Common name: New Zealand mud snail.

M. All wildlife listed within Aquatic Invasive Species Director's Order #1.

Ariz. Admin. Code § R12-4-406

Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 7 A.A.R. 2220, effective May 25, 2001 (Supp. 01-2). Amended by final rulemaking at 9 A.A.R. 3186, effective August 30, 2003 (Supp. 03-3). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 18 A.A.R. 196, effective January 10, 2012 (Supp. 12-1). Amended by final rulemaking at 21 A.A.R. 2813, effective 11/20/2015. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.