Ariz. Admin. Code § 12-4-313

Current through Register Vol. 30, No. 38, September 20, 2024

Section R12-4-313 - Lawful Methods of Take and Season for Aquatic Wildlife

A. Subject to the restrictions of this Section, a person may take aquatic wildlife during the day or night using artificial light as prescribed under A.R.S. § 17-301. When a fish die-off is imminent or when otherwise deemed appropriate, the Commission may designate a special season by Commission Order to allow fish to be taken by hand or by any hand-held, non-motorized implement that does not discharge a projectile.

B. A person who possesses a valid Arizona fishing license may take aquatic wildlife by angling or simultaneous fishing as defined under R12-4-301 with any bait, artificial fly, or lure subject to the following restrictions:

1. Except for sunfish of the genus Lepomis, the flesh of game fish may not be used as bait.

2. Live baitfish, as defined under R12-4-101, may only be used in designated areas prescribed by Commission Order and designated areas may subsequently be closed or restricted by Commission Order.

3. Waterdogs may not be used as live bait in that portion of Santa Cruz County lying east and south of State Highway 82 or that portion of Cochise County lying west of the San Pedro River and south of State Highway 82.

4. Shall not use more than two lines at any one time.

5. The Commission may further restrict the lawful methods of take on particular waters by designating one or more of the following special seasons by Commission Order:

a. An "artificial flies and lures" season in which only artificial flies and lures may be used in designated areas,

b. A "barbless hooks" season in which only the use of barbless or single-point barbless hooks may be used in designated areas,

c. An "immediate kill or release" season in which a person must kill and retain the designated species as part of the person's bag limit or immediately release the wildlife,

d. A "catch and immediate release" in which a person must immediately release the designated species,

e. An "immediate kill" season in which a person must immediately kill and retain the designated species as part of the person's bag limit, or

f. A "limited-entry" season in which a limited number of permits is made available to the public for a designated species, a particular water, or both.

C. In addition to angling, a person who possesses a valid Arizona fishing license may also take the following aquatic wildlife using the following methods:

1. A hybrid device is lawful for the take of aquatic wildlife provided all components of the device are authorized for the take of that species under this subsection.

2. Carp (Cyprinus carpio), buffalofish, mullet, tilapia, goldfish, and shad may be taken by:

a. Bow and arrow,

b. Crossbow,

c. Snare,

d. Gig,

e. Spear or spear gun, or

f. Snagging.

3. A person shall not use any of the methods of take listed under subsection (C)(2) within 200 yards of a designated swimming area as indicated by way of posted signs or notices.

4. Except for snagging, a person shall not use any of the methods of take listed under subsection (C)(2) within 200 yards of any boat dock or fishing pier.

5. Striped bass may be taken by spear or spear gun in waters designated by Commission Order.

6. Catfish may be taken by bow and arrow or crossbow in waters designated by Commission Order.

7. Amphibians, soft-shelled turtles, mollusks, and crustaceans may be taken by minnow trap, crayfish net, hand, or with any handheld, non-motorized implement that does not discharge a projectile, unless otherwise permitted under this Section.

8. In addition to the methods described under subsection (C)(7), bullfrogs may be taken by:

a. Bow and arrow,

b. Crossbow,

c. Pneumatic weapon, or

d. Slingshot.

9. Live baitfish may be taken for personal use as bait by:

a. A cast net not to exceed a radius of 4 feet measured from the horn to the leadline;

b. A minnow trap, as defined under R12-4-301;

c. A seine net not to exceed 10 feet in length and 4 feet in width; or

d. A dip net.

10. In addition to the methods described under subsection (C)(7), crayfish may be taken with the following devices:

a. A trap not more than 3 feet in the greatest dimension,

b. A dip net as defined under R12-4-301, or

c. A seine net not larger than 10 feet in length and 4 feet in width.

11. The Commission may further specify the lawful methods of take on particular waters and for particular species by designating one or more of the following special seasons by Commission Order:

a. A "snagging" season in which a person may use this method only at times and locations designated by Commission Order, or

b. A "spear or spear gun" season in which a person may use this method only at times and locations designated by Commission Order.

D. Aquatic wildlife taken in violation of this Section is unlawfully taken.

Ariz. Admin. Code § R12-4-313

Amended as an emergency effective April 10, 1975 (Supp. 75-1). Amended effective May 17, 1977 (Supp. 77-3). Amended effective June 29, 1978 (Supp. 78-3). Amended effective April 22, 1980 (Supp. 80-2). Former Section R12-4-62 renumbered as Section R12-4-313 without change effective August 13, 1981 (Supp. 81-4). Amended effective December 7, 1982 (Supp. 82-6). Amended subsection (A)(7) and added subsection (E)(3) effective November 27, 1984 (Supp. 84-6). Amended subsections (A) and (E) effective December 9, 1985 (Supp. 85-6). Amended subsections (A) and (E). effective December 16, 1986 (Supp. 86-6). Former Section R12-4-313 repealed, new Section R12-4-313 adopted effective December 30, 1988 (Supp. 88-4). Correction, former Historical Note should read "Former Section R12-4-313 repealed, new Section R12-4-313 adopted effective January 1, 1989, filed December 30, 1988" (Supp. 89-2). Amended effective January 1, 1993; filed December 18, 1992 (Supp. 92-4). Amended effective October 14, 1993 (Supp. 93-4). Amended by final rulemaking at 7 A.A.R. 2220, effective May 25, 2001 (Supp. 01-2). 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. 1048, effective 6/1/2019. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021. Amended by final rulemaking at 30 A.A.R. 2308, effective 8/10/2024.