Ariz. Admin. Code § 12-4-424

Current through Register Vol. 30, No. 36, September 6, 2024

Section R12-4-424 - White Amur Stocking License; Restocking License

A. For the purposes of this Section:

"Closed aquatic system" means any body of water, water system, canal system, or series of lakes, canals, or ponds where triploid white amur are prevented from entering or exiting the system by any natural or man-made barrier, as determined by the Department.

"Triploid" means a species having three homologous sets of chromosomes that renders the individuals sterile.

B. A white amur stocking or restocking license allows a person to import, possess, stock in a closed aquatic system, and transport triploid white amur (Ctenopharyngodon idella).

C. The white amur stocking or restocking license is valid for no more than 20 consecutive days.

D. In addition to the requirements established under this Section, a white amur stocking or restocking license holder shall comply with the special license requirements established under R12-4-409.

E. The white amur stocking or restocking license holder shall be responsible for compliance with all applicable regulatory requirements; the licenses do 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.

F. The Department shall deny a white amur stocking or restocking 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 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 white amur stocking or restocking license when it determines the issuance of the license may result in a negative impact on native wildlife.

G. An applicant for a white amur stocking or restocking license shall submit an application to the Department. A separate application is required for each location where the applicant proposes to stock white amur. The application is furnished by the Department and is available from any Department office and on the Department's website. The 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. For each location where the white amur will be held, stocked, or restocked, 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;

e. For the purposes of this subsection, the following systems may qualify as separate locations, as determined by the Department:

i. Each closed aquatic system;

ii. Each separately managed portion of a closed aquatic system; or

iii. Multiple separate closed aquatic systems owned, controlled, or legally held by the same applicant where stocking is to occur;

3. A detailed description and diagram of each enclosed aquatic system where the applicant will stock and hold the white amur, as prescribed under A.R.S. § 17-317, which shall include the following information, as applicable:

a. A description of how the system meets the definition of a "closed aquatic system" in subsection (A);

b. Size of waterbody proposed for stocking;

c. Nearest river, stream, or other freshwater system;

d. Points where water enters into each water body;

e. Points where water leaves each water body; and

f. Location of fish containment barriers;

4. For each wildlife supplier from whom the applicant will obtain white amur, the supplier's:

a. Name;

b. Mailing address; and

c. Telephone number;

5. The number and average length of white amur to be stocked;

6. The dates white amur will be stocked, or restocked;

7. Any other information required by the Department; and

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

H. When the Department determines an applicant proposes to stock white amur in a watershed in a manner that conflicts with the Department's efforts to conserve wildlife, in addition to the requirements listed under subsection (G), the applicant shall also submit a written proposal to the Department at the time of application. The written proposal shall contain all of the following:

1. Anticipated benefits from introducing white amur;

2. Potential risks introducing white amur may create for wildlife, including:

a. Whether white amur are compatible with native aquatic species or game fish; and

b. Method for evaluating the potential impact introducing white amur will have on wildlife;

3. Assessment of probable impacts to sensitive species in the area using the list generated by the Department's Online Environmental Review Tool, which is available on the Department's website. The proposal must address each species listed.

I. A person may apply for a white amur restocking license provided there are no changes to the closed aquatic system. The restocking application license application must include the inspection certification from the supplier of white amur as required under subsection (K)(2).

J. A person applying for a white amur stocking or restocking license shall pay all applicable fees as prescribed under R12-4-412.

K. A white amur stocking and restocking license holder shall comply with the requirements established under R12-4-409.

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

2. Obtain all aquatic wildlife, live eggs, fertilized eggs, and milt from a licensed fish farm operator or a private noncommercial fish pond certified free of the diseases and causative agents through the following actions:

a. An inspection shall be performed by a qualified fish health inspector or fish pathologist at the fish farm or pond where the aquatic wildlife or biological material is held before it is shipped to the license holder.

b. The inspection shall be conducted no more than 12 months prior to the date on which the aquatic wildlife or biological material is shipped to the license holder. The Department may require additional inspections at any time prior to stocking.

c. The applicant shall submit a copy of the certification to the Department prior to conducting any stocking activities.

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

4. Allow the Department to conduct inspections of an applicant's or license holder's facility, records, and any waters proposed for stocking at any time before or during the license period to determine compliance with the requirements of this Article and to determine the appropriate number of white amur to be stocked. The Department shall comply with A.R.S. § 41-1009 when conducting inspections at a license holder's facility.

5. Ensure all shipments of white amur are accompanied by a USFWS, or similar agent, certificate confirming the white amur are triploid.

6. Possess the license or legible copy of the license while conducting any activities authorized under the white amur stocking or restocking license and presents it for inspection upon the request of any Department employee or agent.

L. A white amur stocking or restocking license holder shall comply with the requirements established under R12-4-409.

Ariz. Admin. Code § R12-4-424

Adopted as an emergency effective July 5, 1988, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 88-3). Correction, Historical Note, Supp. 88-3, should read, "Adopted as an emergency effective July 15, 1988..."; readopted and amended as an emergency effective October 13, 1988, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 88-4). Emergency expired. Readopted as an emergency effective January 24, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-1). Emergency expired. Former Section R12-4-219 amended and adopted as a permanent rule and renumbered as Section R12-4-424effective 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 exempt rulemaking at 19 A.A.R. 3225, effective January 1, 2014. 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.