Ariz. Admin. Code § 3-3-1105

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

Section R3-3-1105 - [Effective 2/2/2025] Scientific Permits; Noncommercial Salvage Permits

A. Scientific Permit

1. A person shall not collect, destroy, harm, or remove any highly safeguarded or other protected native plants for a research project unless that person holds a scientific permit issued pursuant to R3-3-1104(E).

a. The removal and movement of the native plants shall be accomplished by a person experienced in native plant removal and transplantation

i. Whenever possible, the permittee shall take specimens in such a way as to not reduce the population by retrieving minimal tissue, leaving the roots intact for perennial plants or utilizing other scientifically acceptable methods for the protection of the environment and remaining native plants.

ii. If not already required by another agency or institution, and whenever possible, if the permittee takes multiple specimens, the permittee shall deposit at least one specimen at an Arizona university plant conservatory. If it is not possible to deposit a specimen at an Arizona university plant conservatory, the permittee shall provide the justification to the Department for noncompliance with this provision.

2. A scientific permit shall be issued if the applicant provides documentation that demonstrates the following:

a. A plan, pre-approved by the landowner, to restore the removal site to a natural appearance;

b. The removal and movement of the native plants shall be accomplished by a person experienced in native plant removal and transplantation;

c. The native plants used in the project shall remain accessible to the Department;

d. The ecology of the project site is beneficial to the growth of the specific plants in the project;

e. Arrangements exist for a suitable permanent planting site for the surviving plants after the project's completion; and

f. Description of plant disposition and research hypothesis.

3. In addition to the requirements listed in subsection (A)(2), the following requirements apply to highly safeguarded native plants:

a. Permits may be issued only for collection for scientific purposes of highly safeguarded native plants whose existence or location is threatened by intended destruction or a change in land usage, and

b. If the permit may enhance the survival of the affected species.

B. Noncommercial salvage permit:

1. Highly safeguarded native plants may only be collected for conservation by a person holding a noncommercial salvage permit issued pursuant to R3-3-1104(F).

2. A noncommercial salvage permit shall be issued if all of the following conditions are met through documentation provided to the Department:

a. The native plants used in the project shall be accessible to the Department after transplant, and

b. The relocation site is beneficial to the growth of the specific plants in the project.

3. In addition to the requirements listed in subsection (B)(2), the following requirements apply to highly safeguarded native plants:

a. Permits may be issued only for collection for noncommercial salvage purposes of highly safeguarded native plants whose existence or location is threatened by intended destruction or a change in land usage, and

b. If the permit may enhance the survival of the affected species.

Ariz. Admin. Code § R3-3-1105

New Section recodified from R3-4-605at 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.