Ariz. Admin. Code § 3-3-1104

Current through Register Vol. 31, No. 2, January 10, 2025

Section R3-3-1104 - [Effective 2/2/2025] Protected Native Plant Permits

A. A person shall not collect, transport, possess, sell, offer for sale, dispose, or salvage protected native plants unless that person is 18 years of age or older and possesses an appropriate permit.

B. Salvage restricted native plant permits.

1. An applicant for a salvage restricted native plant permit shall submit the following information to the Department on a form obtained from the Department, as applicable, along with any applicable fees outlined in R3-3-1106:

a. Name, business name, address, email address, telephone number, and signature of the applicant;

b. Name and number of plants to be removed;

c. Purpose of the plant removal;

d. Whether the applicant has a conviction for a violation of a state or federal statute regarding the protection of native plants within the previous five years;

e. Name, address, email address, telephone number, and signature of the landowner where the plants will be removed;

f. Location of the permitted site and size of acreage;

g. Destination address where the plants will be transplanted or temporarily held before being sold, gifted, or otherwise distributed to a permanent location;

h. Legal and physical description of the location of the original growing site; and

i. Parcel identification number for the permitted site or other documents proving land ownership.

2. Salvage restricted native plant permits and plant tags are valid for the calendar year in which they are issued. The tags expire at the end of the calendar year unless the permit is renewed.

3. Exemptions. The following are exemptions for the requirements of this subsection.

a. Plants propagated or cultivated by human beings; or

b. Native plants collected or salvaged by a homeowners' association or any other community based organization if the plants are relocated in the community.

C. Salvage assessed native plant permits

1. An applicant for a salvage assessed native plant permit shall submit the following information to the Department on a form obtained from the Department, as applicable, along with any applicable fees outlined in R3-3-1106:

a. Name, business name, address, email address, telephone number, and signature of the applicant;

b. Names of the salvage assessed plants to be collected.

2. Salvage assessed native plant permits and plant tags are valid for the calendar year in which they are issued. The tags expire at the end of the calendar year unless the permit is renewed.

3. Exemptions. The following are exemptions for the requirements of this subsection.

a. Plants propagated or cultivated by human beings; or

b. Native plants collected or salvaged by a homeowners' association or any other community based organization if the plants are relocated in the community.

D. Harvest restricted native plant permit and receipts.

1. Any person harvesting the wood, fiber, or by-product of a plant listed in subsection (D) of Appendix A of more than one-hundred pounds, or more than two cords of wood, shall apply for a harvest restricted permit and receipts by submitting the following information to the Department, on a form obtained from the Department, along with any applicable fees outlined in R3-3-1106(C)(2):

a. Name, address, email address and telephone number of the applicant applying for the permit;

b. The legal land description where the harvesting will take place;

c. For wood products, the number of cords to be collected;

d. For Nolina or Yucca fiber, the numbers of pounds to be collected;

e. Name, address, email address, telephone number, and signature of land owner(s)

2. Permits and unused receipts issued under this subsection are non-transferable and must be in the possession of the permit holder during harvesting and transport.

3. Receipts for harvest restricted materials that are sold must be transferred to a purchaser as proof of ownership.

4. Exemptions. The following are exemptions for the requirements of this subsection.

a. Material harvested from lands managed by the federal government provided a person is in possession of a valid permit issued by the federal land management agency.

b. Material harvested with written permission from a private land owner or tenant, from other than state-owned land or other public land, and:

i. Is one-hundred pounds or less for Yucca or Nolina fiber; or

ii. Is two cords or less of wood.

c. The use of dead wood for campfires or cooking.

d. Dead harvest restricted plants, collected by a land owner or tenant.

E. Scientific Permit. In addition to the requirements of A.A.C. R3-3-1105(A), the following application requirements apply:

1. An applicant shall submit the following information to the Department on a form obtained from the Department, along with any applicable fees outlined in R3-3-1106:

a. Name, address, email address and telephone number of the company or research facility applying for the permit;

b. Name, title and experience of the person conducting the research project;

c. Purpose and intent of the research project;

d. Controls to be used;

e. Variables to be considered;

f. Time-frame for the project;

g. Anticipated results and plans for publication;

h. Reports and recordkeeping that will be used to monitor the project;

i. Project funding source;

j. Funding of the company or research facility;

k. Written authorization from the landowner for collection of the plants;

l. Date of the application; and

m. Signed affirmation by the applicant that the plants collected will not be sold or used for personal interests.

2. A scientific permit is valid for the calendar year in which it is issued.

3. A scientific permit holder may amend their permit anytime by submitting the updated information to the Department.

4. An applicant may also submit proof of a current scientific permit issued by a federal agency or state political subdivision and any additional information to the requirements of R3-3-1104(E)(1) not provided in the existing scientific permit.

F. Non-commercial Salvage Permit. In addition to the requirements of A.A.C. R3-3-1105(B), the following application requirements apply:

1. An applicant shall submit the following information to the Department, on a form obtained from the Department, along with any applicable fees outlined in R3-3-1106:

a. Name, address, email address and telephone number of the applicant applying for the permit;

b. Proposed relocation site for the plants;

c. Written authorization from the landowner for collection of the plants;

d. The number, species, and description of the plants being salvaged;

e. Date of the application; and

f. Signed affirmation by the applicant that the plants collected will not be sold or used for personal interests.

2. A non-commercial salvage permit is valid only for the transportation and the transplantation of the identified native plants indicated on the permit application. A non-commercial salvage permit holder may amend their permit anytime by submitting the updated information to the Department with written authorization from the landowner.

3. A non-commercial salvage permit is valid for the calendar year in which they are issued. The tags expire at the end of the calendar year unless the permit is renewed.

4. Plants propagated or cultivated by human beings are exempt from these requirements.

G. Movement Permit. In addition to the saguaro tag obtained pursuant to R3-3-1106(C)(1)(a), any person moving or salvaging a saguaro cactus over four feet tall from a location other than its original growing location in Arizona and transplanting it to another location shall apply to the Department for a Movement Permit. The landowner from where the saguaro cactus is being moved shall provide the following information on the permit application, unless the applicant maintains a record of the original permit or verifies the Department has a record of a previous legal movement of the cactus by the applicant. Saguaro cactus that are propagated or cultivated by humans are exempt from this requirement.

1. The name, mailing address, email address, telephone number, and signature of the landowner;

2. The address or parcel identification number where the saguaro cactus is located;

3. The name, mailing address, email address, and telephone number of the receiver;

4. The name, mailing address, and telephone number of the carrier;

5. The number, species, and description of the plant being removed;

6. The parcel identification number of the property where the saguaro cactus is being moved; and

7. The date of the application.

H. Movement of protected native plants obtained outside Arizona.

1. Any person moving a protected native plant obtained outside Arizona and transporting and planting it within the state shall declare the protected native plant at the nearest Department office location during normal business hours, office locations can be found by calling 602-542-3578 or by visiting the Department's website at https://agriculture.az.gov/plantsproduce/native-plants.

2. To ensure compliance with A.A.C. R3-4-239, shipments originating from an area under quarantine for imported fire ants, the Department shall place the protected native plant under quarantine and direct the shipment to a certified quarantine holding area for inspection.

3. After the plants have been declared, permit and seal fees have been paid, the permitting office shall issue a Movement Permit and appropriate number of seals.

Ariz. Admin. Code § R3-3-1104

New Section recodified from R3-4-604at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1). Amended by final rulemaking at 14 A.A.R. 811, effective May 3, 2008 (Supp. 08-1). Amended by final rulemaking at 30 A.A.R. 3865, effective 2/2/2025.