Ariz. Admin. Code § 3-3-1104

Current through Register Vol. 30, No. 50, December 13, 2024

Section R3-3-1104 - Protected Native Plant Permits; Tags; Seals; Fees

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. An applicant shall submit the following information to the Department on a form obtained from the Department, as applicable:

1. Name, business name, address, telephone number, Social Security number or tax identification number, and signature of the applicant;

2. Name and number of plants to be removed;

3. Purpose of the plant removal;

4. 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;

5. Except for salvage assessed native plants;

a. Name, address, telephone number, and signature of the landowner;

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

c. Destination address where the plants will be transplanted;

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

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

C. Permit fees.

1. A person removing and transporting protected native plants shall submit the following applicable fee to the Department with the permit application:

a. Salvage assessed native plant permit, annual use, $35;

b. Harvest restricted native plant permit, annual use, $35;

c. All other native plant permits, one-time use, $7;

d. Certificate of inspection for interstate shipments, $15.

2. Exemptions. Protected native plants are exempt from fees if:

a. The protected native plants intended for personal use by a landowner are taken from one piece of land owned by the landowner to another piece of land also owned by the landowner, remain on the property of the landowner, and are not sold or offered for sale;

b. The protected native plants are collected for scientific purposes; or

c. A landowner donates the protected native plant to a scientific, educational, or charitable institution.

D. Tag and harvesting fees.

1. Any person obtaining a saguaro tag or other protected native plant tag or receipt shall submit the following applicable fee to the Department at the time a tag is obtained:

a. Saguaro, $8 per plant;

b. Trees cut for firewood and listed in the harvest restricted category, $6 per cord of wood;

c. Small native plant, $.50 per plant;

d. Any other protected native plant referenced in A.R.S. § 3-903(B) and (C) and listed in Appendix A, $6 per plant.

2. The fee for harvesting nolina or yucca parts is $6 per ton. Payment shall be made to the Department in the following manner:

a. Unprocessed nolina or yucca fiber shall be weighed on a state-certified bonded scale; and

b. The harvester shall submit payment and weight certificates to the Department no later than the tenth day of the month following each harvest.

E. Seal fees. A person obtaining a seal shall submit a $.15 per plant fee to the Department at the time a seal is obtained.

F. 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.

Ariz. Admin. Code § R3-3-1104

New Section recodified from R3-4-604 at 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).