Ariz. Admin. Code § 12-4-418

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

Section R12-4-418 - Scientific Activity License

A. A scientific activity license allows a person to conduct any of the following activities with wildlife when specified on the license:

1. Capture, hold, and release wildlife as directed by the Department,

2. Collection of dead wildlife,

3. Display,

4. Photograph for noncommercial purposes,

5. Possess,

6. Propagate,

7. Take of live wildlife,

8. Transport, and

9. Use for educational purposes.

B. The Department issues five types of scientific collecting licenses:

1. Academic institution,

2. Government agency,.

3. Non-governmental organization,

4. Nonprofit organization, and

5. Personal.

C. A person may apply for a scientific activity license only when the license is requested for:

1. The purpose of wildlife management, gathering information valuable to the maintenance of wild populations, education, the advancement of science, or promotion of the public health or welfare;

2. A purpose that is in the best interest of the wildlife or the species, will not adversely impact other affected wildlife in this state, and may be authorized without posing a threat to wildlife or public safety; and

3. A purpose that does not unnecessarily duplicate previously documented projects.

D. A scientific activity license expires on December 31 of each year.

E. For the protection of wildlife or public safety, the Department has the authority to take any one or more of the following actions:

1. Rescind or modify any method of take authorized by the license;

2. Restrict the number of animals for each species or other taxa the license holder may take under the license;

3. Restrict the age, condition, or location of wildlife the license holder may take under the license; or

4. Deny or substitute the number of specimens and taxa requested on an application.

F. The license holder shall be responsible for compliance with all applicable regulatory requirements. The scientific activity 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 may deny a scientific activity license to a person who fails to meet the requirements established under R12-4-409 or this Section, or when the person's scientific activity 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 scientific activity license when:

1. It is in the best interest of the wildlife.

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

3. It is in the best interest of public health or safety.

H. An applicant for a scientific activity license shall submit an application to the Department. The application is furnished by the Department and is available from any Department office, and on the Department's website. A person applying for a scientific activity license 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. If the applicant will use wildlife for activities supported by a scientific, educational, or government institution, nonprofit organization, or agency that employs, contracts, or is similarly affiliated with the applicant, the applicant shall provide the institution's:

a. Name;

b. Mailing address;

c. Telephone number of the institution; and

d. The applicant's title or a description of the nature of affiliation with the institution or nonprofit organization;

3. When the applicant is renewing the scientific activity license, the species and number of animals for each species currently held in captivity;

4. For each location where the live wildlife will be held, the land owner's:

a. Name;

b. Mailing address;

c. Telephone number; and

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

5. A detailed description and diagram, photographs, or documented current certification or approval by the applicant's institutional animal care and use committee or similar committee of the facilities 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;

6. List of activities the applicant intends to perform under the license;

7. Purpose and justification for the use of wildlife as established under subsection (B);

8. When the applicant intends to use wildlife for educational purposes, the proposal shall also include the:

a. Minimum number of presentations the applicant anticipates to provide under the license;

b. Name, title, address, and telephone number of persons whom the applicant has contacted to offer educational presentations; and

c. Number of specimens the applicant already possesses for any species requested on the application;

9. Applicant's relevant qualifications and experience in handling and, when applicable, providing care for the wildlife to be held under the license;

10. Methods of take that the applicant will use, to include:

a. Justification for using the method, and

b. Proposed method of disposing wildlife taken under the license and any subsequent offspring, when applicable;

11. Any other information required by the Department; and

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

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

K. A scientific activity license holder shall:

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

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

3. Notify the Department in writing within 10 calendar days of terminating any agent.

4. Use the most humane and practical method possible prescribed under R12-4-304, R12-4-313, or as directed by the Department in writing.

5. Conduct activities authorized under the scientific activity license only at the locations and time periods specified on the scientific activity license.

6. Dispose of wildlife, wildlife parts, or offspring, only as directed by the Department.

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

L. A scientific activity license holder shall not exhibit

1. Exhibit any wildlife held under the license, unless the person also possesses a zoo license authorized under R12-4-420.

2. Administer any drug to any wildlife during the term of the scientific activity license without advance written authorization from the Department, unless the drug is administered in the course of treatment by a licensed veterinarian.

M. A scientific activity license holder may request authorization to allow an agent to assist the license holder in carrying out activities authorized under the scientific activity license by submitting a written request to the Department.

1. An applicant may request the ability to allow a person to act as an agent on the applicant's behalf, provided:

a. An employment or supervisory relationship exists between the applicant and the agent, and

b. The agent's privilege to take or possess live wildlife is not suspended or revoked in any state.

2. The license holder shall obtain approval from the Department prior to allowing the agent assist in any activities.

3. The license holder is liable for all acts the agent performs under the authority of this Section.

4. The Department, acting on behalf of the Commission, may suspend or revoke a license for violation of this Section by an agent.

5. The license holder shall ensure the agent possesses a legible copy of the license while conducting any activity authorized under the scientific activity license and presents it for inspection upon the request of any Department employee or agent.

N. A scientific activity license holder may submit to the Department a written request to amend the license to add or delete an agent, location, project, or other component documented on the license at any time during the license period.

O. A scientific activity license holder shall submit an annual report to the Department before January 31 of each 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 scientific activity 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 Department may stipulate submission of additional interim reports upon license application or renewal.

P. A scientific activity license holder who wishes to permanently hold wildlife species collected under the license in Arizona that will no longer be used for activities authorized under the license shall apply for and obtain a wildlife holding license in compliance with R12-4-417 or another appropriate special license.

Ariz. Admin. Code § R12-4-418

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 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.