Ariz. Admin. Code § 12-4-303

Current through Register Vol. 30, No. 45, November 8, 2024

Section R12-4-303 - Unlawful Activities, Ammunition, Devices, and Methods

A. In addition to the prohibitions prescribed under A.R.S. §§ 17-301 and 17-309, the following activities, ammunition, devices, and methods are unlawful in this state:

1. A person shall not use any of the following to take wildlife:

a. Fully automatic firearms, including firearms capable of selective automatic fire.

b. Tracer or armor-piercing ammunition designed for military use.

c. Any smart device as defined under R12-4-301.

d. Any self-guided projectiles.

2. A person shall not take big game using full-jacketed or total-jacketed bullets that are not designed to expand upon impact,

3. A person shall not use or possess any of the following while taking wildlife:

a. Poisoned projectiles or projectiles that contain explosives or a secondary propellant.

b. Pitfalls of greater than 5-gallon size, explosives, poisons, or stupefying substances, except as permitted under A.R.S. § 17239 or as allowed by a scientific collecting permit issued under A.R.S. § 17-238.

c. Any lure, attractant, or cover scent containing any cervid urine.

d. Electronic night vision equipment, electronically enhanced light-gathering devices, thermal imaging devices or laser sights projecting a visible light; except for devices such as laser range finders projecting a non-visible light, scopes with self-illuminating reticles, and fiber optic sights with self-illuminating sights or pins that do not project a visible light onto an animal.

4. A person shall not by any means:

a. Hold wildlife at bay other than during daylight hours, unless authorized by Commission Order.

b. Injure, confine, place, or use a tracking device in or on wildlife for the purpose of taking or aiding in the take of wildlife.

c. Place any substance, device, or object in, on, or by any water source to prevent wildlife from using that water source.

d. Place any substance in a manner intended to attract bears.

e. Use a manual or powered jacking or prying device to take reptiles or amphibians.

f. Use dogs to pursue, tree, corner or hold at bay any wildlife for a hunter, unless that hunter is present for the entire hunt.

g. Take migratory game birds, except Eurasian collared-doves:

i. Using a shotgun larger than 10 gauge, a shotgun of any description capable of holding more than three shells unless it is plugged with a one-piece filler that cannot be removed without disassembling the shotgun so that its total capacity does not exceed three shells.

ii. Using electronically amplified bird calls or baits.

iii. By means or aid of any motor driven land, water, or air conveyance, or any sailboat used for the purpose of or resulting in the concentrating, driving, rallying, or stirring up of any migratory bird.

iv. Activities described under subsections (A)(4)(g)(i) through (A)(4)(g)(iii) are prohibited under 50 C.F.R. 20.21, revised October 1, 2015. The material incorporated by reference in this Section does not include any later amendments or editions. The incorporated material is available at any Department office, online from the Government Printing Office website www.gpoaccess.gov, or may be ordered from the Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000.

h. Use or discharge any of the following devices while taking wildlife within one-fourth mile (440 yards) of an occupied farmhouse or other residence, cabin, lodge or building without permission of the owner or resident:

i. Arrow or bolt;

ii. Atlatl throwing dart;

iii. Hybrid device; or

iv. Pneumatic weapon .35 caliber or larger.

i. Participate in, organize, promote, sponsor, or solicit participation in a contest where a participant uses or intends to use any device or implement to capture or kill predatory animals or fur-bearing animals as defined under A.R.S. § 17-101. For the purposes of this subsection, "contest" means a competition among participants where participants must register or record entry and pay a fee, and prizes or cash are awarded to winning or successful participants.

5. A person shall not place, maintain, or use a trail camera, or images, video, to include location, time, or data from a trail camera, for the purpose of taking or aiding in the take of wildlife or locating wildlife for the purpose of taking or aiding in the take of wildlife.

6. A person shall not use images of wildlife produced or transmitted from a satellite or other device that orbits the earth for the purpose of:

a. Taking or aiding in the take of wildlife, or

b. Locating wildlife for the purpose of taking or aiding in the take of wildlife.

c. This subsection does not prohibit the use of mapping systems or programs.

7. A person shall not use edible or ingestible substances to aid in taking big game. The use of edible or ingestible substances to aid in taking big game is unlawful when:

a. A person places edible or ingestible substances for the purpose of attracting or taking big game, or

b. A person knowingly takes big game with the aid of edible or ingestible substances placed for the purpose of attracting wildlife to a specific location.

8. For the purposes of subsection (A)(7), edible or ingestible substances do not include any of the following:

a. Water.

b. Salt.

c. Salt-based materials produced and manufactured for the livestock industry.

d. Nutritional supplements produced and manufactured for the livestock industry and placed during the course of livestock or agricultural operations.

9. A person shall not place, maintain, or use an audio location device for the purpose of taking or aiding in the take of terrestrial wildlife or locating wildlife for the purpose of taking or aiding in the take of terrestrial wildlife.

10. A person shall not aid, assist, direct, lead or instruct a person in the field to locate or take wildlife, if the person's privilege to guide is currently revoked pursuant to A.R.S. §§ 17-340 or 17-362 and the original revocation period was for five or more years.

B. It is unlawful for a person who is a prohibited possessor to take wildlife with a deadly weapon or prohibited weapon.

C. Wildlife taken in violation of this Section is unlawfully taken.

D. This Section does not apply to any activity allowed under A.R.S. § 17-302, to a person acting within the scope of their official duties as an employee of the state or United States, or as authorized by the Department.

Ariz. Admin. Code § R12-4-303

Amended effective May 3, 1976 (Supp. 76-3). Amended effective April 29, 1977 (Supp. 77-2). Amended effective September 7, 1978 (Supp. 78-5). Former Section R12-4-52 renumbered as Section R12-4-303 without change effective August 13, 1981 (Supp. 81-4). Amended effective March 28, 1983 (Supp. 83-2). Amended subsections (A) and (C) effective October 31, 1984 (Supp. 84-5). Amended effective June 4, 1987 (Supp. 87-2). Former Section R12-4-303 repealed, new Section R12-4-303 adopted effective December 30, 1988 (Supp. 88-4). Correction, former Historical Note should read "Former Section R12-4-303 repealed, new Section R12-4-303 adopted effective January 1, 1989, filed December 30, 1988" (Supp. 89-2). Amended effective February 9, 1998 (Supp. 98-1). Amended by final rulemaking at 10 A.A.R. 850, effective April 3, 2004 (Supp. 04-1). Amended by final rulemaking at 19 A.A.R. 826, effective July 1, 2013 (Supp. 13-2). Amended by final rulemaking at 25 A.A.R. 1047, effective 6/1/2019. Amended by final rulemaking at 25 A.A.R. 2473, effective 11/3/2019. Amended by final rulemaking at 27 A.A.R. 1368, effective 1/1/2022. Amended by final rulemaking at 30 A.A.R. 2308, effective 8/10/2024.