Ariz. Admin. Code § 12-4-413

Current through Register Vol. 30, No. 41, October 11, 2024

Section R12-4-413 - Private Game Farm License

A. A private game farm license authorizes a person to commercially farm and sell captive pen-reared game birds as specified on the license at the location designated on the license.

1. A private game farm license allows the license holder to

display for sale, give away, import, offer for sale, possess, propagate and rear, purchase, rent or lease, sell, trade, or transport captive pen-reared game birds carcasses or parts

.

2. The Private Game Farm License expires on the last day of the third December from the date of issuance.

B. Private game farm captive pen-reared game birds may be killed or slaughtered, but a person shall not kill or allow the captive pen-reared game birds to be killed by hunting or in a manner that could be perceived as hunting or recreational sport harvest while under the care and control of the private game farm license holder.

C. Private game farm captive pen-reared game birds shall not be killed by a person who pays a fee to the owner of the private game farm for killing the captive pen-reared game birds, nor shall the game farm owner accept a fee for killing the captive pen-reared game birds, except as authorized under R12-4-414.

D. A private game farm licenses authorizes the use of only the following captive-reared game birds:

.

1.Alectoris chukar, Chukar;

2.Anas platyrhynchos, Mallard duck, provided all mallard ducks and progeny are physically marked as required under 50 CFR 21.13, revised October 1, 2019, which is incorporated by reference;

3.Callipepla californica, California or valley quail;

4.Callipepla gambelii, Gambel's quail;

5.Callipepla squamata, Scaled quail;

6.Colinus virginianus, Northern bobwhite;

7.Cyrtonyx montezumae, Montezuma or Mearns' quail;

8.Dendragapus obscurus, Dusky grouse;

9.Oreortyx pictus, Mountain Quail; and

10. Phasianus colchicus, Ringneck and whitewing pheasant;

11. For subsection (D)(2), the incorporated by material is available at any Department office, online at www.gpo.gov, or may be ordered from the U.S. Government Printing Office, Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000.

This incorporation by reference does not include any later amendments or editions of the incorporated material.

E. The Department shall deny an application for:

1. A new private game farm license for mammals. The Department may accept a renewal application for a private game farm license holder currently permitted to possess mammals, provided the license holder is in compliance with all applicable requirements under R12-4-409, R12-4-428, R12-4-430, and this Section.

2. A private game farm license for Northern bobwhite, Colinus virginianus, in game management units 36A, 36B, and 36C, as prescribed under R12-4-108.

F. In addition to the requirements established under this Section, a private game farm holder shall comply with the special license requirements established under R12-4-409.

G. The private game farm license holder shall be responsible for compliance with all applicable regulatory requirements. The license does not:

1. Exempt the license holder from any municipal, county, state, or federal codes, ordinances, statutes, rules, or regulations; or

2. Authorize the license holder to engage in authorized activities using federally-protected wildlife, unless the license holder possesses a valid license, permit, or other form of documentation issued by the United States authorizing the license holder to use that wildlife in a manner consistent with the special license.

H. The Department shall deny a private game farm license to a person who fails to meet the requirements established under R12-4-409 or this Section. The Department shall provide the written notice established under R12-4-409(F)(4) to the applicant stating the reason for the denial. The person may appeal the denial to the Commission as An applicant person applying for a private game farm license shall submit an application to the Department. A separate application is required for each location where the applicant proposes to use captive pen-reared game birds. The application is furnished by the Department and is available at any Department office and the Department's website. An applicant shall provide the following information on the application:

1. The applicant's information:

a. Name;

b. Mailing address;

c. Telephone number; and

d. Department ID number, when applicable;

2. The applicant's business:

a. Name;

;

b. Mailing address; and

c. Telephone number;

3. For captive pen-reared game birds to be used under the license:

a. Common name of the captive pen-reared game birds species;

b. Number of birds for each species; and

c. When the applicant is renewing the private game farm license, the species and number of captive pen-reared game birds for each species currently held in captivity under the license;

4. For each location where the applicant proposes to use the captive pen-reared game birds will be used, the land owner's:

a. Name;

b. Mailing address;

d. Telephone number; and

e. Physical address or general location description and Global Positioning System location;

5. A detailed description or diagram of the facilities where the applicant will hold the captive pen-reared game birds, and a description of how the facilities comply with the requirements established under R12-4-428 and any other captivity standards established under this Section;

6. For each wildlife supplier from whom the special license applicant will obtain wildlife, the supplier's;

a. Name;

b. Mailing address; and

c. Telephone number;

7. Any other information required by the Department; and

8. The certification required under R12-4-409(C).

J. An applicant for a private game farm license shall pay all applicable fees required under R12-4-412.

K. A private game farm license holder shall:

1. Comply with all additional stipulations placed on the license by the Department, as authorized under R12-4-409(H).

2. Ensure each shipment of live captive pen-reared game birds imported into the state is accompanied by a health certificate or other similar form that indicates the captive pen-reared game birds identified on the form appears to be healthy and free of infectious, contagious, and communicable diseases.

a. The certificate or other similar form shall be issued no more than 30 days prior to the date on which the captive pen-reared game birds shipped.

b. A copy of the certificate shall be submitted to the Department prior to importation.

3. Ensure the following documentation accompanies each shipment of captive pen-reared game birds made by the game farm:

a. Name of the private game farm license holder,

b. Private game farm license number,

c. Date captive pen-reared game birds were shipped,

d. Number of captive pen-reared game birds, by species, included in the shipment,

e. Name of the person or common carrier transporting the shipment, and

f. Name of the person receiving the shipment.

4. Provide each person who transports a captive pen-reared game birds carcass from the site of the game farm with a receipt that includes all of the following:

a. Date the captive pen-reared game birds were purchased, traded, or given as a gift;

b. Name of the game farm; and

c. Number of captive pen-reared game birds carcasses, by species, being transported.

5. Ensure each facility is inspected by the attending veterinarian at least once every year.

6. Allow the Department to conduct inspections of an applicant's or license holder's facility and records at any time before or during the license period to determine compliance with the requirements of this Article. The Department shall comply with A.R.S. § 41-1009 when conducting inspections at a license holder's facility.

7. Maintain records of all captive pen-reared game birds possessed under the license for a period of three years. In addition to the information required under subsections (M)(4)(a) through (M)(4)(e), the records shall also include:

a. The private game farm license holder's:

i. Name;

ii. Mailing address;

iii. Telephone number; and

iv. Special license number;

b. Copies of all federal, state, and local licenses, permits, and authorizations required for the lawful operation of the private game farm;

c. Copies of the annual report required under subsection (M);

d. Number of all captive pen-reared game birds, by species and the date it was obtained;

e. Source of all captive pen-reared game birds and the date it was obtained;

f. Number of offspring propagated by all captive pen-reared game birds; and

g. For all captive pen-reared game birds disposed of by the license holder:

i. Number, species, and date of disposition; and

ii. Manner of disposition to include the names and addresses of persons to whom the captive pen-reared game birds were bartered, given, or sold, when authorized.

8. Immediately report to the Department any mortality event that results in the loss of 10% or more of the adult captive pen-reared game birds held on the facility within any seven day period and allow the Department to collect samples from the affected game birds for disease testing purposes as prescribed under A.R.S. § 17-250.

L. A private game farm license holder shall not:

1. Propagate hybrid wildlife or domestic birds with captive pen-reared game birds; or

2. Possess domestic species under the special license.

M. A private game farm license holder shall submit an annual report to the Department before January 31 of each year for activities performed under the license for the previous calendar year. The report form is furnished by the Department.

1. A report is required regardless of whether or not activities were performed during the previous year.

2. The private game farm license becomes invalid if the annual report is not submitted to the Department by January 31 of each year.

3. The Department will not process the special license holder's renewal application until the annual report is received by the Department.

4. The annual report shall include all of the following information, as applicable:

a. Number of captive pen-reared game birds, by species;

b. Source of all captive pen-reared game birds that the license holder obtained or propagated;

c. Date on which the captive pen-reared game birds was obtained or propagated;

d. Date on which the captive pen-reared game birds was disposed of and the manner of disposition; and

e. Name of person who received captive pen-reared game birds disposed of by barter, given as a gift, or sale.

N. Except for cervids which shall be disposed of only as established under R12-4-430, a private game farm license holder who no longer uses the captive pen-reared game birds for a commercial purpose shall dispose of the captive pen-reared game birds as follows:

1. Export,

2. Transfer to another private game farm licensed under this Section,

3. Transfer to a zoo licensed under R12-4-420,

4. Transfer to a medical or scientific research facility exempt under R12-4-407,

5. As directed by the Department, or

6. As otherwise authorized under this Section.

O. A private game farm license holder shall comply with the requirements established under R12-4-428 and R12-4-430.

Ariz. Admin. Code § R12-4-413

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. 2732, effective July 1, 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 21 A.A.R. 2813, effective 12/5/2015. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.