Ariz. Admin. Code § 12-4-425

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

Section R12-4-425 - Restricted Live Wildlife Lawfully Possessed without License or Permit Before the Effective Date of Article 4 or Any Subsequent Amendments

A. A person who lawfully possessed restricted live wildlife without a license or permit from the Department before the effective date of this Section or any subsequent amendments to R12-4-406, this Section, or this Article may continue to possess the wildlife and to use it for any purpose that was lawful, except propagation, before the effective date of R12-4-406, this Section, or this Article or any subsequent amendments, provided the person complies with the requirements established under subsections (A)(1) or (A)(2).

1. The person submits written notification to the Department's regional office in which the restricted live wildlife is held. The person shall submit the written notification to the regional office within 30 calendar days of the effective date of any subsequent amendments to this Section, R12-4-406, or this Article. The written notification shall include all of the following information:

a. The number of individuals of each species,

b. The purpose for which it is possessed, and

c. The unique identifier for each individual wildlife possessed by the person, as established under subsection (F); or

2. The person maintains documentation of the restricted live wildlife held. The documentation shall include:

a. The number of individuals of each species,

b. Proof the individuals were legally acquired before the effective date of the amendment causing the wildlife to be restricted,

c. The purpose for which it is used, and

d. The unique identifier for each wildlife possessed by the person, as established under subsection (F).

3. The person shall report the birth or hatching of any progeny conceived before and born after the effective date of this Section, R12-4-406, or this Article to the Department and comply with the requirements established under subsection (F).

B. The person shall ensure the written notification described under subsection (A)(1) and (A)(2) includes the person's name, address, and the location where the wildlife is held. A person who maintains their own documentation under subsection (A)(2) shall make it available to the Department upon request.

C. The person shall retain the documentation required under subsections (A)(1) and (A)(2) until the person disposes of the wildlife as described under subsection (D).

D. A person who possesses wildlife under this Section shall dispose of it using any one of the following methods:

1. Exportation;

2. Euthanasia;

3. Transfer to an Arizona special license holder, provided the special license authorizes possession of the species involved; or

4. As otherwise directed by the Department in writing.

E. If a person transfers restricted live wildlife possessed under this Section to a special license holder:

1. The exemption for that wildlife under this Section expires, and

2. The special license holder shall use, possess, and report the wildlife in compliance with this Article and any stipulations applicable to that special license.

F. A person who exports wildlife held under this Section shall not import the wildlife back into this state unless the person obtains a special license prior to importing the wildlife back into this state.

G. A person who possesses wildlife under this Section shall permanently and uniquely mark the wildlife with a unique identifier as follows:

1. Within 30 calendar days of the effective date of this Section, R12-4-406, or this Article if the person has notified the Department as provided under subsection (A)(1); or

2. Within 30 calendar days of receiving written notice from the Department directing the person to permanently mark the wildlife.

H. A person possessing a desert tortoise (Gopherus agassizii) is not subject to the requirements of this Section and shall comply with requirements established under R12-4-404 and R12-4-407.

Ariz. Admin. Code § R12-4-425

Adopted effective April 28, 1989 (Supp. 89-2). 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.