Ariz. Admin. Code § 12-4-417

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

Section R12-4-417 - Wildlife Holding License

A. A wildlife holding license authorizes a person to display for educational purposes, euthanize, export, give away, import, photograph for commercial purposes, possess, propagate, purchase, or transport, restricted and nonrestricted live wildlife lawfully:

1. Held under a valid hunting or fishing license for a purpose listed under subsection (C),

2. Collected under a valid scientific activity license issued under R12-4-418,

3. Obtained under a valid wildlife rehabilitation license issued under R12-4-423,

4. Or as otherwise authorized by the Department.

B. A wildlife holding license expires on the last day of the third December from the date of issuance, or, if the license holder is a representative of an institution, organization, or agency described under subsection (C)(4), upon termination of the license holder's affiliation with that entity, whichever comes first.

C. A wildlife holding license is valid for the following purposes, only:

1. Advancement of science;

2. Lawfully possess restricted or nonrestricted live wildlife when it is:

a. Necessary to give humane treatment to live wildlife that is declared unsuitable for release by a licensed veterinarian, and is therefore unable to meet its own needs in the wild; or

b. Previously possessed under another special license and the primary purpose for that special license no longer exists;

3. Promotion of public health or welfare;

4. Provide education under the following conditions:

a. The applicant is an educator affiliated or partnered with an educational institution; and

b. The educational institution permits the use of live wildlife.

5. Photograph for a commercial purpose live wildlife provided:

a. The wildlife will be photographed without posing a threat to other wildlife or the public, and

b. The photography will not adversely impact other affected wildlife in this state, or

6. Wildlife management.

D. The Department shall deny an application for a wildlife holding license for the possession of cervids.

E. In addition to the requirements established under this Section, a wildlife holding license holder shall comply with the special license requirements established under R12-4-409.

F. The license holder shall be responsible for compliance with all applicable regulatory requirements. The wildlife holding license does not:

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

2. Authorize the license holder or their agent 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.

G. The Department shall deny a wildlife holding license to a person who fails to meet the requirements established under R12-4-409 or this Section, or when the person's wildlife holding privileges are suspended or revoked in any state. 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 prescribed under A.R.S. Title 41, Chapter 6, Article 10. In addition to the requirements and criteria established under R12-4-409(F)(1) through (4), the Department shall deny a wildlife holding when:

1. It is in the best interest of public health or safety or the welfare of the wildlife; or

2. The issuance of the license will adversely impact other wildlife or their habitat in the state.

H. An applicant for a wildlife holding license shall submit an application to the Department. A separate application is required for each location where the applicant proposes to use wildlife. The application is furnished by the Department and is available at any Department office and the Department's website. The applicant shall provide the following information:

1. The applicant's information:

a. Name;

b. Mailing address;

c. Telephone number; and

d. Department ID number, when applicable;

2. If the applicant will use the wildlife for a commercial purpose, the applicant's business:

a. Name;

b. Mailing address; and

c. Telephone number;

3. If the applicant will use wildlife for activities authorized by a scientific institution that employs, contracts, or is similarly affiliated with the applicant, the institution's:

a. Name;

b. Mailing address; and

c. Telephone number;

4. For wildlife to be used under the license:

a. Common name of the wildlife species;

b. Number of animals for each species;

c. When the application is for the use of multiple species, the applicant shall list each species and the number of animals for each species; and

d. When the applicant is renewing the wildlife holding license, the species and number of animals for each species currently held in captivity under the license;

5. For wildlife to be used for educational purposes:

a. The affiliated educational institution's:

i. Name;

ii. Mailing address; and

iii. Telephone number of the educational institution;

b. A copy of the established curriculum utilizing sound educational objectives; and

c. A plan for how the applicant will address any safety concerns associated with the use of live wildlife in a public setting.

6. For each location where the applicant proposes to hold the wildlife, the owner's:

a. Name;

b. Mailing address;

c. Telephone number; and

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

7. A detailed description and diagram, or photographs, of the facilities where the applicant will hold the wildlife and a description of how the facilities comply with the requirements established under R12-4-428, and any other captivity standards that may be established under this Section;

8. The dates that the applicant will begin and end holding wildlife;

9. A clear description of how the applicant intends to dispose of the wildlife once the proposed activity for which the license was issued ends;

10. Any other information required by the Department; and

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

12. For subsection (H)(7), the Department may, at its discretion, accept documented current certification or approval by the applicant's institutional animal care and use committee or similar committee in lieu of the description, diagram, and photographs of the facilities.

I. In addition to the requirements listed under subsection (H), at the time of application, an applicant for a wildlife holding license shall also submit:

1. Evidence of lawful possession, as defined under R12-4-401;

2. A statement of the applicant's experience in handling and providing care for the wildlife to be held or experience relevant to handling or providing care for wildlife;

3. A written proposal that contains all of the following information:

a. A detailed description of the activity the applicant intends to perform under the license;

b. Purpose for the proposed activity;

c. The contribution the proposed activity will make to one or more of the primary purposes listed under subsection (C).

d. For an applicant who wishes to possess restricted or nonrestricted live wildlife for the purpose of providing humane treatment, a written explanation stating why the wildlife is unable to meet its own needs in the wild and the following information for the licensed veterinarian who will provide care for the wildlife:

i. Name;

ii. Mailing address; and

iii. Telephone number;

J. An applicant for a wildlife holding license shall pay all applicable fees required under R12-4-412.

K. A wildlife holding license holder shall:

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

2. Maintain records associated with the license for a period of five years following the date of disposition.

3. 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.

4. Possess the license or legible copy of the license while conducting any activity authorized under the wildlife holding license and presents it for inspection upon the request of any Department employee or agent.

5. Permanently mark any restricted live wildlife used for lawful activities under the authority of the license, when required by the Department.

6. Ensure that a copy of the license accompanies any transportation or shipment of wildlife made under the authority of the license.

7. Surrender wildlife held under the license to the Department upon request.

L. A wildlife holding license holder shall submit an annual report to the Department before January 31 of each year for the previous calendar year or as indicated under subsection (O). 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 wildlife holding 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. A list of animals held during the year, the list shall be by species and include the source and date on which the wildlife was acquired.

b. The permanent mark or identifier of the wildlife, such as name, number, or another identifier for each animal held during the year, when required by the Department. This designation or identifier shall be provided with other relevant reported details for the holding or disposition of the individual animal;

c. Whether the wildlife is alive or dead.

d. The current location of the wildlife.

e. A list of all educational displays where the wildlife was utilized to include the date, location, institution or audience, approximate attendance, and wildlife used.

M. A wildlife holding license holder may authorize an agent to assist the license holder in conducting activities authorized under the wildlife holding license, provided the agent's wildlife privileges are not suspended or revoked in any state.

1. The license holder shall obtain written authorization from the Department before allowing a person to act as an agent.

2. The license holder shall notify the Department in writing within 10 calendar days of terminating any agent.

3. The Department may suspend or revoke the license holder's license if an agent violates any requirement of this Section or Article or any stipulations placed upon the license.

4. An agent may possess wildlife for the purposes outlined under subsection (C), under the following conditions;

a. The agent shall possess evidence of lawful possession, as defined under R12-4-401, for all wildlife possessed by the agent;

b. The agent shall return the wildlife to the primary license holder's facility within two days of receiving the wildlife.

N. A wildlife holding license holder or their agent shall not barter, give as a gift, loan for commercial activities, offer for sale, sell, trade, or dispose of any restricted or nonrestricted live wildlife, offspring of restricted or nonrestricted live wildlife, or their parts except as stipulated on the wildlife holding license or as directed in writing by the Department.

O. A wildlife holding license is no longer valid once the primary purpose for which the license was issued, as prescribed in subsection (C), no longer exists. When this occurs, the wildlife holding license holder shall immediately submit the annual report required under (L) to the Department.

P. A wildlife license holder shall comply with the requirements established under R12-4-409, R12-4-428, and R12-4-430.

Ariz. Admin. Code § R12-4-417

Adopted effective April 28, 1989 (Supp. 89-2). Section repealed; new Section adopted by final rulemaking at 6 A.A.R. 211, effective January 1, 2000 (Supp. 99-4). 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 11/20/2015. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.