A.R.S. tit. 17 | Title 17 — Game and Fish

Chapter 1 General Provisions

Article 1 Definitions and Authority of the State

§ 17-101 Definitions

A. In this title, unless the context otherwise requires:

"Angling" means taking fish by one line and not more than two hooks, by one line and one artificial lure, which may have attached more than one hook, or by one line and not more than two artificial flies or lures.
"Bag limit" means the maximum limit, in number or amount, of wildlife that any one person may lawfully take during a specified period of time.
"Closed season" means the time during which wildlife may not be lawfully taken.
"Commission" means the Arizona game and fish commission.
"Department" means the Arizona game and fish department.
"Device" means any net, trap, snare, salt lick, scaffold, deadfall, pit, explosive, poison or stupefying substance, crossbow, firearm, bow and arrow, or other implement used for taking wildlife. Device does not include a raptor or any equipment used in the sport of falconry.
"Domicile" means a person's true, fixed and permanent home and principal residence. Proof of domicile in this state may be shown as prescribed by rule by the commission.
"Falconry" means the sport of hunting or taking quarry with a trained raptor.
"Fishing" means to lure, attract or pursue aquatic wildlife in such a manner that the wildlife may be captured or killed.
"Fur dealer" means any person engaged in the business of buying for resale the raw pelts or furs of wild mammals.
"Guide" means a person who meets any of the following:

(a) Advertises for guiding services.

(b) Holds himself out to the public for hire as a guide.

(d) Accepts compensation in any form commensurate with the market value in this state for guiding services in exchange for aiding, assisting, directing, leading or instructing a person in the field to locate and take wildlife.

(e) Is not a landowner or lessee who, without full fair market compensation, allows access to the landowner's or lessee's property and directs and advises a person in taking wildlife.

"License classification" means a type of license, permit, tag or stamp authorized under this title and prescribed by the commission by rule to take, handle or possess wildlife.
"License year" means the twelve-month period between January 1 and December 31, inclusive, or a different twelve-month period as prescribed by the commission by rule.
"Nonresident", for the purposes of applying for a license, permit, tag or stamp, means a citizen of the United States or an alien who is not a resident.
"Open season" means the time during which wildlife may be lawfully taken.
"Possession limit" means the maximum limit, in number or amount of wildlife, that any one person may possess at one time.
"Resident", for the purposes of applying for a license, permit, tag or stamp, means a person who is:

(a) A member of the armed forces of the United States on active duty and who is stationed in:

(i) This state for a period of thirty days immediately preceding the date of applying for a license, permit, tag or stamp.

(ii) Another state or country but who lists this state as the person's home of record at the time of applying for a license, permit, tag or stamp.

(b) Domiciled in this state for six months immediately preceding the date of applying for a license, permit, tag or stamp and who does not claim residency privileges for any purpose in any other state or jurisdiction.

"Road" means any maintained right-of-way for public conveyance.
"Statewide" means all lands except those areas lying within the boundaries of state and federal refuges, parks and monuments, unless specifically provided differently by commission order.
"Take" means pursuing, shooting, hunting, fishing, trapping, killing, capturing, snaring or netting wildlife or placing or using any net or other device or trap in a manner that may result in capturing or killing wildlife.
"Taxidermist" means any person who engages for hire in mounting, refurbishing, maintaining, restoring or preserving any display specimen.
"Traps" or "trapping" means taking wildlife in any manner except with a gun or other implement in hand.
"Wild" means, in reference to mammals and birds, those species that are normally found in a state of nature.
"Wildlife" means all wild mammals, wild birds and the nests or eggs thereof, reptiles, amphibians, mollusks, crustaceans and fish, including their eggs or spawn.
"Youth" means a person who is under eighteen years of age.
"Zoo" means a commercial facility open to the public where the principal business is holding wildlife in captivity for exhibition purposes.

B. The following definitions of wildlife shall apply:

"Aquatic wildlife" means fish, amphibians, mollusks, crustaceans and soft-shelled turtles.
"Big game" means wild turkey, deer, elk, pronghorn (antelope), bighorn sheep, bison (buffalo), peccary (javelina), bear and mountain lion.
"Fur-bearing animals" means muskrats, raccoons, otters, weasels, bobcats, beavers, badgers and ringtail cats.
"Game fish" means trout of all species, bass of all species, catfish of all species, sunfish of all species, northern pike, walleye and yellow perch.
"Game mammals" means deer, elk, bear, pronghorn (antelope), bighorn sheep, bison (buffalo), peccary (javelina), mountain lion, tree squirrel and cottontail rabbit.
"Migratory game birds" means wild waterfowl, including ducks, geese and swans, sandhill cranes, all coots, all gallinules, common snipe, wild doves and bandtail pigeons.
"Nongame animals" means all wildlife except game mammals, game birds, fur-bearing animals, predatory animals and aquatic wildlife.
"Nongame birds" means all birds except upland game birds and migratory game birds.
"Nongame fish" means all the species of fish except game fish.
"Predatory animals" means foxes, skunks, coyotes and bobcats.
"Raptors" means birds that are members of the order of falconiformes or strigiformes and includes falcons, hawks, owls, eagles and other birds that the commission may classify as raptors.
"Small game" means cottontail rabbits, tree squirrels, upland game birds and migratory game birds.
"Trout" means all species of the family salmonidae, including grayling.
"Upland game birds" means quail, partridge, grouse and pheasants.

§ 17-102 Wildlife as state property; exceptions

Wildlife, both resident and migratory, native or introduced, found in this state, except fish and bullfrogs impounded in private ponds or tanks or wildlife and birds reared or held in captivity under permit or license from the commission, are property of the state and may be taken at such times, in such places, in such manner and with such devices as provided by law or rule of the commission.

§ 17-103 Duties of county attorneys

Each county attorney shall prosecute and defend on behalf of the state, in all courts of the county, all actions, criminal or civil, arising under this title in which the state, commission member, or department employee is a party thereof.

§ 17-104 Duties of peace officers as special game rangers

All county, city and town peace officers are ex officio special game rangers and are required to carry out the duties of this title.

§ 17-105 Immunity of witnesses

No person called upon by the state to testify as a witness in any action brought under this title shall be excused or exempted from so testifying or from producing documentary evidence on the ground that the testimony or evidence might incriminate him, but the person shall not thereafter be prosecuted for an offense concerning which he is called upon to give such testimony or evidence.

Chapter 2 Game and Fish Department and Game and Fish Commission

Article 1 Membership

§ 17-201 Game and fish department and game and fish commission members; appointment; removal; meetings

A. The laws of the state relating to wildlife shall be administered by the game and fish department. Control of the department is vested in the game and fish commission. The commission shall consist of five members, appointed by the governor pursuant to section 38-211. Not more than three members shall be members of the same political party, and no two members may be residents of the same county. Members shall be well informed on the subject of wildlife and requirements for its conservation. Appointments shall be for a term of five years and shall expire on the third Monday in January of the appropriate year.

B. The governor may, after public hearing, remove a member for inefficiency, neglect of duty or misconduct in office. Upon removal of a member the governor shall file in the office of the secretary of state a complete statement of all charges made against the members and his findings thereon, together with a complete record of the proceedings.

C. Each member of the commission while attending general or specific meetings of the commission or while performing official duties for the commission shall receive compensation as determined pursuant to section 38-611. A commission member who is otherwise employed as a public officer shall not receive such payment if it is prohibited by law. Compensation and expenses shall be paid monthly from the game and fish fund.

D. The commission shall have its principal office at the state capitol but meetings may be held at any time or place within the state. The commission shall meet at least once quarterly. Meetings may be held at the call of the chairman or majority of the commission. A majority of the commission shall constitute a quorum to transact business.

§ 17-202 Arizona game and fish commission appointment recommendation board

A. The Arizona game and fish commission appointment recommendation board is established consisting of members appointed by the governor pursuant to this section and section 38-211. The board shall consist of one person who has been a resident of this state for at least five years from each of the following qualifying groups:

One member designated by the board of directors of an organization that is qualified pursuant to section 501(c)(3) or 501(c)(4) of the internal revenue code, whose membership consists of a significant cross-section of wildlife conservation and sportsmen organizations from throughout the state, that does not have an affiliation or charter with a national wildlife conservation or sportsman's organization and that has been in existence for at least five years.
One member designated by the board of directors of an organization that is qualified pursuant to section 501(c)(3) or 501(c)(4) of the internal revenue code whose articles of incorporation or bylaws stipulate that the mission or purpose of the organization is to increase, sustain or otherwise conserve wild turkey, deer, elk, pronghorn (antelope), bighorn sheep, ducks, quail or fish and that has been in existence for at least five years.
One member designated by the board of directors of an organization that is qualified pursuant to section 501(c)(3) or 501(c)(4) of the internal revenue code whose articles of incorporation or bylaws define it as a sportsman's organization whose membership is primarily confined to a specific geographic area or region of the state or an organization described in paragraph 2 of this subsection or is a chapter or affiliate of a national sportsman's conservation or shooting organization and that has been in existence for at least five years.
One member designated by the board of directors of an organization that is qualified pursuant to section 501(c)(3) or 501(c)(4) of the internal revenue code that is statewide, whose membership is comprised of cattlemen or ranchers and that has been in existence for at least five years.
One member of the general public or one member of a nongame organization that is qualified pursuant to section 501(c)(3) or 501(c)(4) of the internal revenue code.

B. Except as otherwise provided by law, members of the board serve five year terms of office. A board member must maintain continuous membership in the organization the member represented when appointed during the entire term of office. The governor may remove a member of the board for inefficiency, conflict of interest, neglect of duty or misconduct in office and replace the member with an individual from the same organization represented by the former member. If a board member dies, resigns or is removed from office, the governor shall appoint an individual to fill the vacancy within thirty days from the same organization represented by the former member.

C. Three members of the board constitute a quorum. Meetings of the board shall be held at the Arizona game and fish department main office or at a regional office as determined by the board. The department shall issue a public notice at least one week before the meeting.

D. Members of the board are not eligible for compensation for their services or reimbursement of expenses.

E. The board shall assist the governor by interviewing, evaluating and recommending candidates to fill vacancies on the Arizona game and fish commission as follows:

After the governor's call for applications for an open position on the commission and the application period is closed, the governor shall deliver a final list of the applicants to the board within five days after the close of the application period. The board shall review the list of applicants and the application submitted by each applicant and proceed to interview, evaluate and recommend candidates as provided by this subsection.
If the board is considering candidates to fill the office of a commission member whose designated term is about to expire:

(a) On or before November 15 of each year, the board shall host a public forum to interview the commission candidates. The department shall issue a notice of the public forum at least five days before the scheduled date of the forum.

(b) On or before November 25, the board shall recommend at least two, but no more than five, candidates from the governor's final list of candidates.

If the board is considering candidates for a vacancy resulting from a commission member's death, resignation or removal from office:

(a) Not later than two weeks after receipt of the final list of commission candidates from the governor, the board shall host a public forum to interview the candidates. The department shall issue a notice of the public forum at least five days before the scheduled date of the forum.

(b) Within one week after the public forum, the board shall recommend at least two, but no more than five, candidates from the governor's final list of candidates.

F. The board shall assist the governor to identify commission applicants.

Article 2 Director and Employees

§ 17-211 Director; selection; removal; powers and duties; employees

A. The commission shall appoint a director of the Arizona game and fish department, who shall be the chief administrative officer of the game and fish department. The director shall receive compensation as determined pursuant to section 38-611. The director shall be selected on the basis of administrative ability and general knowledge of wildlife management. The director shall act as secretary to the commission, and shall serve at the pleasure of the commission. The director shall not hold any other office, and shall devote the entire time to the duties of office.

B. The commission shall prepare an examination for the post of director to comply with the requirements of this title. The examination shall be conducted at the offices of the commission at the capital to establish an active list of eligible applicants. The director shall be selected from those scoring satisfactory grades and having other qualities deemed advisable by the commission. The commission may call for additional examinations from time to time for selection of a new list of eligible applicants to fill a vacancy.

C. Subject to title 41, chapter 4, article 4, the director may appoint employees necessary to carry out the purposes of this title, when funds for the payment of their salaries are appropriated. Department employees shall be located in different sections of the state where their services are most needed. Compensation for persons appointed shall be as determined pursuant to section 38-611.

D. The director shall:

Have general supervision and control of all activities, functions and employees of the department.
Enforce all provisions of this title, including all commission rules.
Collaborate with the state forester in presentations to legislative committees on issues associated with forest management and wildfire prevention and suppression as provided by section 37-1302, subsection B.

E. Game rangers and wildlife managers may, in addition to other duties:

Execute all warrants issued for a violation of this title.
Execute subpoenas issued in any matter arising under this title.
Search without warrant any aircraft, boat, vehicle, box, game bag or other package where there is sufficient cause to believe that wildlife or parts of wildlife are possessed in violation of law.
Inspect all wildlife taken or transported and seize all wildlife taken or possessed in violation of law, or showing evidence of illegal taking.
Seize as evidence devices used illegally in taking wildlife and hold them subject to the provisions of section 17-240.
Generally exercise the powers of peace officers with primary duties the enforcement of this title.
Seize devices that cannot be lawfully used for the taking of wildlife and are being so used and hold and dispose of them pursuant to section 17-240.

§ 17-212 Director's seal; authentication of records

A. The director shall adopt a seal of office which shall be used to authenticate records and copies of records required by law to be made and kept by the department.

B. The director and any department employees the director designates in writing may use the seal to authenticate records and copies of records.

C. Authenticated records or authenticated copies of records shall be received in evidence without further proof of their authenticity.

§ 17-213 Prohibition on political activity

Neither the director nor any employee of the department shall take active part in a political campaign nor use his office to influence in any way an election or the results thereof. Failure to abide by the provisions of this section shall constitute grounds for dismissal of the director or any employee.

§ 17-214 Arizona game and fish department reserve; members; powers and duties; compensation

A. The commission may establish a volunteer organization known as the Arizona game and fish department reserve and prescribe the qualifications for membership. Members of the reserve serve at the pleasure of the director who has general supervision and control of all reserve activities.

B. The reserve shall assist the department as an auxiliary body and perform such duties in the areas of education, conservation and enforcement as the commission prescribes by rule or regulation. The director may designate qualified reservists as peace officers in the same manner and with the same powers as game rangers and wildlife managers. Such reservists are not entitled to participate in the public safety personnel retirement system pursuant to title 38, chapter 5, article 4.

C. Members of the reserve are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2. Members of the reserve are deemed to be employees of this state for the purpose of coverage under Arizona workers' compensation pursuant to title 23, chapter 6.

§ 17-215 Fingerprint clearance card; employees; volunteers

Each employee and volunteer who has contact with children or vulnerable adults as part of their regular duties must have a valid fingerprint clearance card issued pursuant to section 41-1758.07 or provide the department documentation of the person's application for a fingerprint clearance card.

Article 3 Powers and Duties

§ 17-231 General powers and duties of the commission

A. The commission shall:

Adopt rules and establish services it deems necessary to carry out the provisions and purposes of this title.
Establish broad policies and long-range programs for the management, preservation and harvest of wildlife.
Establish hunting, trapping and fishing rules and prescribe the manner and methods that may be used in taking wildlife, but the commission shall not limit or restrict the magazine capacity of any authorized firearm.
Be responsible for the enforcement of laws for the protection of wildlife.
Provide for the assembling and distribution of information to the public relating to wildlife and activities of the department.
Prescribe rules for the expenditure, by or under the control of the director, of all funds arising from appropriation, licenses, gifts or other sources.
Exercise such powers and duties necessary to carry out fully the provisions of this title and in general exercise powers and duties that relate to adopting and carrying out policies of the department and control of its financial affairs.
Prescribe procedures for use of department personnel, facilities, equipment, supplies and other resources in assisting search or rescue operations on request of the director of the division of emergency management.
Cooperate with the Arizona-Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the department's duties and that relate to quality of life, trade and economic development in this state in a manner that will help the Arizona-Mexico commission to assess and enhance the economic competitiveness of this state and of the Arizona-Mexico region.

B. The commission may:

Conduct investigations, inquiries or hearings in the performance of its powers and duties.
Establish game management units or refuges for the preservation and management of wildlife.
Construct and operate game farms, fish hatcheries, fishing lakes or other facilities for or relating to the preservation or propagation of wildlife.
Expend funds to provide training in the safe handling and use of firearms and safe hunting practices.
Remove or permit to be removed from public or private waters fish which hinder or prevent propagation of game or food fish and dispose of such fish in such manner as it may designate.
Purchase, sell or barter wildlife for the purpose of stocking public or private lands and waters and take at any time in any manner wildlife for research, propagation and restocking purposes or for use at a game farm or fish hatchery and declare wildlife salable when in the public interest or the interest of conservation.
Enter into agreements with the federal government, with other states or political subdivisions of the state and with private organizations for the construction and operation of facilities and for management studies, measures or procedures for or relating to the preservation and propagation of wildlife and expend funds for carrying out such agreements.
Prescribe rules for the sale, trade, importation, exportation or possession of wildlife.
Expend monies for the purpose of producing publications relating to wildlife and activities of the department for sale to the public and establish the price to be paid for annual subscriptions and single copies of such publications. All monies received from the sale of such publications shall be deposited in the game and fish publications revolving fund.
Contract with any person or entity to design and produce artwork on terms that, in the commission's judgment, will produce an original and valuable work of art relating to wildlife or wildlife habitat.
Sell or distribute the artwork authorized under paragraph 10 of this subsection on such terms and for such price as it deems acceptable.
Consider the adverse and beneficial short-term and long-term economic impacts on resource dependent communities, small businesses and the state of Arizona, of policies and programs for the management, preservation and harvest of wildlife by holding a public hearing to receive and consider written comments and public testimony from interested persons.
Adopt rules relating to range operations at public shooting ranges operated by and under the jurisdiction of the commission, including the hours of operation, the fees for the use of the range, the regulation of groups and events, the operation of related range facilities, the type of firearms and ammunition that may be used at the range, the safe handling of firearms at the range, the required safety equipment for a person using the range, the sale of firearms, ammunition and shooting supplies at the range, and the authority of range officers to enforce these rules, to remove violators from the premises and to refuse entry for repeat violations.
Solicit and accept grants, gifts or donations of money or other property from any source, which may be used for any purpose consistent with this title.

C. The commission shall confer and coordinate with the director of water resources with respect to the commission's activities, plans and negotiations relating to water development and use, restoration projects under the restoration acts pursuant to chapter 4, article 1 of this title, where water development and use are involved, the abatement of pollution injurious to wildlife and in the formulation of fish and wildlife aspects of the director of water resources' plans to develop and utilize water resources of the state and shall have jurisdiction over fish and wildlife resources and fish and wildlife activities of projects constructed for the state under or pursuant to the jurisdiction of the director of water resources.

D. The commission may enter into one or more agreements with a multi-county water conservation district and other parties for participation in the lower Colorado river multispecies conservation program under section 48-3713.03, including the collection and payment of any monies authorized by law for the purposes of the lower Colorado river multispecies conservation program.

§ 17-232 Agreements with other states for reciprocal use of licenses

The commission, subject to the approval of the governor and the attorney general, is authorized to enter into reciprocal agreements with corresponding state or county agencies of adjoining states pertaining to the establishment of a basis whereby licenses or permits issued by either of the parties may be used by the licensees within the jurisdiction of either party to the agreement.

§ 17-233 Acquisition and disposition of buffalo and buffalo meat

The commission may purchase, sell, barter, or give away buffalo or buffalo meat provided the same may be given only to public institutions or charitable institutions and monies derived therefrom shall be deposited in the game and fish fund.

§ 17-234 Open or closed seasons; bag limits; possession limits

The commission shall by order open, close or alter seasons and establish bag and possession limits for wildlife, but a commission order to open a season shall be issued not less than ten days prior to such opening date. The order may apply statewide or to any portion of the state. Closed season shall be in effect unless opened by commission order.

§ 17-235 Migratory birds

The commission shall prescribe seasons, bag limits, possession limits and other regulations pertaining to taking migratory birds in accordance with the migratory bird treaty act and regulations issued thereunder, but the commission may shorten or modify seasons, bag and possession limits and other regulations on migratory birds as it deems necessary.

§ 17-236 Taking birds; possession of raptors

A. It is unlawful to take or injure any bird or harass any bird upon its nest, or remove the nests or eggs of any bird, except as may occur in normal horticultural and agricultural practices and except as authorized by commission order. Nothing in this title shall be construed to prohibit the taking of such birds for scientific purposes under permits issued by the commission.

B. The commission shall issue licenses to permit the possession and transportation of raptors for sport falconry consistent with the requirements of the migratory bird treaty act (40 Stat. 755; 16 United States Code sections 703 through 711) and the endangered species act of 1973 (P.L. 93-205; 87 Stat. 884; 16 United States Code sections 1531 through 1544).

C. A person who has qualified to become a class II, general, or class III, master, falconer, as provided by commission rule, may possess, transport and use for sport falconry purposes, raptors not listed in the migratory bird treaty act (40 Stat. 755; 16 United States Code sections 703 through 711) without possessing a sport falconry license.

§ 17-237 Pollution of waters

The commission is authorized to bring suit in the name of the state against any person, corporation, or government agency, to restrain or enjoin the person, corporation, or government agency from discharging or dumping into a stream or body of water in the state any deleterious substance which is injurious to wildlife.

§ 17-238 Special licenses for field trials, for shooting preserves and for collecting or holding wildlife in captivity

A. The commission may adopt rules and regulations and issue licenses for the conduct of field trials, shooting preserves, private wildlife farms and zoos, or for the personal use and possession of wildlife so as to safeguard the interests of the wildlife and people of the state.

B. The commission, at its discretion and under such regulations as it deems necessary, may issue a permit to take wildlife for scientific purposes to any person or duly accredited representative of public educational or scientific institutions, or governmental departments of the United States engaged in the scientific study of wildlife.

C. A person holding a permit issued pursuant to this section may, upon advance approval by the commission, buy, sell and transport wildlife legally possessed. Each person receiving a permit under this section shall file with the department within fifteen days after requested by the department a report of his activities under the permit. The commission may revoke such licenses or permits for noncompliance with regulations.

§ 17-239 Wildlife depredations; investigations; corrective measures; disposal; reports; judicial review

A. Any person suffering property damage from wildlife may exercise all reasonable measures to alleviate the damage, except that reasonable measures shall not include injuring or killing game mammals, game birds or wildlife protected by federal law or regulation unless authorized under subsection D of this section. A person may not retain or sell any portion of an animal taken pursuant to this subsection except as provided in section 3-2403.

B. Any person suffering such property damage, after resorting to the relief as is provided in subsection A of this section, may file a written report with the director, advising the director of the damage suffered, and the species of animals causing the damage, and the director shall immediately order an investigation and report by an employee trained in the handling of wild animal depredation.

C. The department shall provide technical advice and assist in the necessary anti-depredation measures recommended in the report, including trapping, capturing and relocating animals.

D. If harvest of animals is found to be necessary to relieve damage, the commission may establish special seasons or special bag limits, and either set reduced fees or waive any or all license fees required by this title, to crop that wildlife. If the commission determines that this cropping by hunters is impractical, it may issue a special permit for taking that wildlife to the landowner, lessee, livestock operator or municipality suffering damage, provided that the edible portions, or other portions as prescribed by the commission, of all the wildlife taken by the person suffering damage are turned over to an agent of the department for delivery to a public institution or charitable organization.

E. Except as provided in section 41-1092.08, subsection H, in the event any person suffering property damage from wildlife is dissatisfied with the final decision of the commission, the person may seek judicial review pursuant to title 12, chapter 7, article 6.

§ 17-240 Disposition of wildlife; devices; unlawful devices; notice of intention to destroy; waiting period; destruction; jurisdiction of recovery actions; disposition of unclaimed property

A. Wildlife seized under this title may be disposed of in such manner as the commission or the court may prescribe, except that the edible portions shall be given to public institutions or charitable organizations. In consultation with the department of health services and the chief veterinary meat inspector, the commission shall adopt rules for the handling, transportation, processing and storing of game meat given to public institutions and charitable organizations.

B. Devices, excepting firearms, which cannot be used lawfully for the taking of wildlife and being so used at the time seized may be destroyed. Notice of intention to destroy such devices as prescribed in this section must be sent by registered mail to the last known address of the person from whom seized if known and posted in three conspicuous places within the county wherein seized, two of said notices being posted in the customary place for posting public notices about the county courthouse of said county. Such device shall be held by the department for thirty days after such posting and mailing, and if no action is commenced to recover possession of such device within such time, the same shall be summarily destroyed by the department, or if such device shall be held by the court in any such action to have been used for the taking of wildlife, then such device shall be summarily destroyed by the department immediately after the decision of the court has become final. The justice court shall have jurisdiction of any such actions or proceedings commenced to recover the possession of such devices.

C. Devices other than those referred to in subsection B, including firearms seized under this title shall, after final disposition of the case, be returned to the person from whom the device was seized. If the person from whom the device was seized cannot be located or ascertained, the device seized shall be retained by the department at least ninety days after final disposition of the case, and all devices so held by the department may be:

Sold annually.
Destroyed only if considered a prohibited or defaced weapon, as defined in section 13-3101, except that any seized firearm registered in the national firearms registry and transfer records of the United States treasury department or has been classified as a curio or relic by the United States treasury department shall not be destroyed.

D. If no complaint is filed pursuant to this title, the device shall be returned to the person from whom seized within thirty days from the date seized.

E. A complete report of all wildlife and devices seized by the department showing a description of the items, the person from whom it was seized, if known, and a record of the disposition shall be kept by the department. The money derived from the sale of any devices shall be deposited in the game and fish fund.

§ 17-241 Acquisition and disposition of lands and waters; retention of rights; disposition of proceeds

A. The commission, in the name of the state, with the approval of the governor may:

Acquire by purchase, lease, exchange, gift or condemnation lands for use as fish hatcheries, game farms, firing ranges, reservoir sites or rights of way to fishing waters.
Acquire by purchase, lease, exchange or gift lands or waters for use as fish hatcheries, game farms, shooting areas, firing ranges or other purposes necessary to carry out the provisions of this title.
Acquire by condemnation waters for use as fish hatcheries. The acquisition of land acquired by condemnation shall be limited to a maximum of one hundred sixty acres unless first approved by the legislature.

B. The commission may, with approval of the governor and state land commissioner, lease, sublease, exchange, or sell, in the name of the state, any land acquired by gift, purchase, lease, exchange, or other method.

C. Notwithstanding any other provision of law, the sale or transfer of any lands under the provisions of this section shall be subject to a reservation to the state of all mineral rights and may be subject to the right of entry thereon by the public for hunting and fishing purposes.

D. Money derived from a sale or lease shall be deposited in the game and fish fund.

§ 17-242 Guaranteeing irrigation district assessment; sale of land located within federal reclamation projects and irrigation districts

A. The commission, by and with the approval of the governor and state land commissioner, may make contracts with irrigation districts in the name of the state to guarantee the payment of and to pay to the irrigation district the full amount of district assessments or charges against land owned by the game and fish commission located within a federal reclamation project, or an irrigation district which is served wholly or in part by such federal reclamation project, at any time such assessments or charges become delinquent.

B. If the commission sells any of the land referred to in subsection A, it shall require at least one-fourth of the sale price to be paid at the time of sale and the balance payable in not less than twenty years. The contract of sale or other document of sale shall require that the purchaser pay such irrigation district assessments or charges before delinquency, and that failure to do so shall constitute a breach of the terms of sale. If a purchaser defaults in the payment of such irrigation district assessments or charges and the interest of the purchaser in such land is terminated, the subsequent purchaser shall pay to the commission as reimbursement the full amount of delinquent assessments due upon such land.

C. The contract or other document of sale shall also require that if the purchaser defaults upon any term or condition of the sale and does not remedy the default within six months, the irrigation district may perform or remedy the default of the purchaser. When the irrigation district cures the default in the terms of sale, the interest of the purchaser shall be cancelled and his interest in such land shall be transferred to the irrigation district subject to the contract of sale.

D. Nothing in this section shall be construed as creating any lien upon state lands or against the interest of the state therein, or as creating any obligation of the state to pay any charges, assessments or debts incurred by any districts other than those described in this section.

§ 17-243 Sale of surplus products of federal aid projects; disposition of proceeds

The commission may sell surplus products of federal aid wildlife projects. The proceeds of such sale shall be placed in a special game and fish fund to be known as the federal aid wildlife projects maintenance fund and may be used by the commission for maintenance of federal aid projects wherever located in the state.

§ 17-244 Bulletin; refuge signboards; posted lands

A. A hunting and fishing bulletin shall be available through all license dealers and at such places as the commission may designate.

B. Notices or signboards shall be of a size not less than eight by eleven inches and as many of the notices or signboards shall be posted as the commission determines necessary to give public notice of the location of the boundaries of the closed area. The notices or signboards shall be removed immediately upon the reopening of such closed area.

§ 17-245 Training courses

The commission may:

Offer training courses on a voluntary basis to all persons as prescribed by rule.
Require any person whose hunting, fishing or guide license has been revoked or suspended to show a certificate of completion of a training course as a condition to issuance or renewal of a hunting, fishing or guide license.

§ 17-246 Ground leases; installment purchase of facilities

A. In this section and section 17-247, "game and fish facilities" has the same meaning as prescribed in section 17-281.

B. For the purpose of acquiring and financing game and fish facilities and with the approval of the joint legislative budget committee the commission may:

Enter into leases, as lessor, of land held by the department or the commission, including land held in fee, in the name of this state, by institutional lease from the state land department or by permit from the federal government, if a game and fish facility is to be built, renovated or improved on the land and sold to the department under an installment purchase agreement.
Enter into installment purchase agreements pursuant to section 17-247 for the purpose of acquiring a game and fish facility.
Contract that any game and fish facility to be purchased is deemed to be personal property notwithstanding the fact that the facility is permanently attached to the land.

§ 17-247 Terms of agreements

Installment purchase agreements entered into under section 17-246:

Shall include an interest component in the payments to be made pursuant to the agreement.
May provide for annual, monthly or other payment periods.
May provide that payments be made in advance, at the start of each payment period.
May provide for the inception of payments before the construction, renovation or improvement of the game and fish facility being acquired.
May permit the sale of certificates of participation or other representations of interest in some or all of the seller's rights under the installment purchase agreement and the assignment of some or all of the seller's rights under the installment purchase agreement to a trustee on behalf of the seller and the holders of the certificates or other representations of interests. The agreements and the certificates or other representations of interest, their transfer and the income from them are free from taxation in this state and are exempt from title 44, chapter 12.
Shall provide that all right, title and interest in and to the game and fish facility purchased vest in this state or the department when full payment has been made and all other conditions in the agreement have been complied with.
Shall provide that the commission shall operate and maintain the game and fish facility during the life of the installment purchase agreement.
May provide either that the seller shall construct, renovate or improve the game and fish facility and turn over the completed facility to the commission or that the commission enter into and administer the construction, renovation or improvement of the facility as the seller's agent. If the commission acts as the seller's agent, the seller shall deliver to a fiscal agent agreed on by the seller and the commission monies in an amount reasonably expected to be sufficient to pay for the construction, renovation or improvement of the facility to be acquired. The monies advanced shall be held in trust until they are expended for construction, renovation or improvement of the facility. On completion of the facility, any excess monies shall be returned to the seller. If the commission acts as the agent for construction, renovation or improvement, all contracts regarding construction shall be awarded and administered pursuant to title 34, chapters 2 and 3.
May provide that on an event of default, which is not cured as provided in the installment purchase agreement, the commission shall vacate the game and fish facility which is the subject of the installment purchase agreement. The superior court has jurisdiction to enforce this provision by an appropriate injunction and other relief.
May contain such other terms, covenants and conditions as the commission prescribes.
May be for any term not to exceed thirty years. The installment purchase agreement is not an obligation of this state, the commission or the department in any fiscal year, except to the extent that monies for payment on the installment purchase agreement have been appropriated by the legislature and allocated for payment on the installment purchase agreement by the department for that fiscal year and the commission has executed an annual renewal of the installment purchase agreement for that fiscal year. On appropriation, allocation and annual renewal, the installment purchase agreement is a binding contract of the department in full force and effect for that fiscal year.

§ 17-248 Certification of installment purchase agreements by the attorney general

A. The commission shall submit to the attorney general any initial installment purchase agreement after all actions for the authorization of the installment purchase agreement have been taken by the commission and the department. The attorney general shall examine into and pass upon the validity of the initial installment purchase agreement submitted and the regularity of all proceedings in connection with the installment purchase agreement. If the attorney general determines that the proceedings conform to the provisions of this article and that the installment purchase agreement, when executed and delivered, will constitute a binding and legal obligation of the commission according to its terms and subject to the limitations of section 17-247, paragraph 11, the attorney general shall certify on the installment purchase agreement that it is issued in accordance with the constitution and laws of this state.

B. The commission may submit to the attorney general any subsequent installment purchase agreement after all actions for the authorization of the installment purchase agreement have been taken by the commission and the department if the terms of the installment purchase agreement are substantially the same as the terms of the initial installment purchase agreement reviewed pursuant to subsection A of this section. The attorney general shall examine into and pass on the validity of any installment purchase agreement submitted and the regularity of all proceedings in connection with the installment purchase agreement. If the attorney general determines that the proceedings conform to the provisions of this article and that the installment purchase agreement, when executed and delivered, will constitute a binding and legal obligation of the commission according to its terms and subject to the limitations of section 17-247, paragraph 11, the attorney general shall certify on the installment purchase agreement that it is issued in accordance with the constitution and laws of this state.

§ 17-249 Inmate labor

The commission may contract with the state department of corrections or ARCOR enterprises for the use of inmate labor, including juveniles, in constructing, operating or maintaining game and fish facilities.

§ 17-250 Wildlife diseases; order of director; violation; classification; rule making exemption

A. If a wildlife disease is suspected or documented in freeranging or captive wildlife, the director may issue orders that are necessary to minimize or eliminate the threat from the disease. The director may also order or direct an employee of the department to:

After notification of and in coordination with the state veterinarian, establish quarantines and the boundary of the quarantine.
Destroy wildlife as necessary to prevent the spread of any infectious, contagious or communicable disease.
Control the movement of wildlife, wildlife carcasses or wildlife parts that may be directly related to spreading or disseminating diseases that pose a health threat to animals or humans.
Require any individual who has taken wildlife, who is in possession of wildlife or who maintains wildlife under a license issued by the department to submit the wildlife or parts for disease testing.

B. On finding there is reason to believe an infectious, contagious or communicable disease is present, the director may require an employee of the department to enter any place where wildlife may be located and take custody of the wildlife for purposes of disease testing. If search warrants are required by law, the director shall apply for and obtain warrants for entry to carry out the requirements of this subsection.

C. A person who violates any lawful order issued under this section is guilty of a class 2 misdemeanor.

D. An order issued under this section is exempt from title 41, chapter 6, article 3, except that the director shall promptly file a copy of the order with the secretary of state for publication in the Arizona administrative register pursuant to section 41-1013.

§ 17-251 Possession or use of a firearm silencer or muffler while hunting; definition

A. The commission shall not adopt or enforce any rule that prohibits the lawful possession or use of a firearm silencer or muffler, including for the taking of wildlife or while hunting.

B. This section does not limit the authority of the commission to prescribe the type and caliber of firearm or ammunition that may be used for taking wildlife.

C. For the purposes of this section, "firearm silencer or muffler" means any device that is designed, made or adapted to muffle the report of a firearm.

§ 17-252 Geospatial data and geographic information system services; wildlife species location information; disclosure or inspection; definitions

A. Geospatial data that the department receives, maintains, shares or stores is not subject to disclosure or inspection under title 39, chapter 1, article 2 if the department provides geospatial data to the public through geographic information system services.

B. Wildlife species location information is not subject to disclosure or inspection under title 39, chapter 1, article 2 for wildlife species location information on private property or when the department determines that disclosure or inspection of the information may cause harm to any wildlife species.

C. For the purposes of this section, "geospatial data" and "geographic information system" have the same meaning as prescribed in section 37-171.

§ 17-253 Mexican gray wolf; memorandum of understanding; reporting

A. The commission shall attempt to enter into a memorandum of understanding with the United States fish and wildlife service regarding the endangered species act and the release, translocation and cross-fostering of Mexican gray wolves prior to any release, translocation or cross-fostering in this state. The memorandum of understanding shall specify that a Mexican gray wolf release, translocation or cross-fostering may not occur:

Within three miles of state trust land or private property.
Without a full DNA profile on each Mexican gray wolf that is released, translocated or cross-fostered.

B. The department shall report to the commission at every commission meeting the following information:

Any known death of a Mexican gray wolf in this state and, if known, the reason for the death.
The number of Mexican gray wolves that are supplemented with feed in this state and the cost of the supplementation.
The number of Mexican gray wolves that are captured in this state by the department or a federal agency partnering with the department, the reason for the capture and the full DNA profile on each Mexican gray wolf captured.
The location of all collared Mexican gray wolves in this state.
All human and domestic animal incidents in this state that involve a Mexican gray wolf.

Article 3.1 Aquatic Invasive Species

§ 17-255 Definition of aquatic invasive species

In this article, unless the context otherwise requires, "aquatic invasive species":

Means any aquatic species that is not native to the ecosystem under consideration and whose introduction or presence in this state may cause economic or environmental harm or harm to human health.
Does not include:

(a) Any nonindigenous species lawfully or historically introduced into this state for sport fishing recreation.

(b) Any species introduced into this state by the department, by other governmental entities or by any person pursuant to this title.

§ 17-255.01 Aquatic invasive species program; powers

A. The director may establish and maintain an aquatic invasive species program.

B. The director may issue orders:

Establishing a list of aquatic invasive species for this state.
Establishing a list of waters or locations where aquatic invasive species are present and take steps that are necessary to eradicate, abate or prevent the spread of aquatic invasive species within or from those bodies of water.
Establishing mandatory conditions as provided in subsection C of this section on the movement of watercraft, vehicles, conveyances or other equipment from waters or locations where aquatic invasive species are present to other waters.

C. If the presence of an aquatic invasive species is suspected or documented in this state, the director or an authorized employee or agent of the department may take one or more of the following actions to abate or eliminate the species:

Authorize and establish lawful inspections of watercraft, vehicles, conveyances and other equipment to locate the aquatic invasive species.
Order any person with an aquatic invasive species in or on the person's watercraft, vehicle, conveyance or other equipment to decontaminate the watercraft, vehicle, conveyance or equipment in a manner prescribed by rule. Notwithstanding paragraph 3 of this subsection, mandatory on-site decontamination shall not be required at a location where an on-site cleaning station charges a fee.
Require any person with a watercraft, vehicle, conveyance or other equipment in waters or locations where an aquatic invasive species is present to decontaminate the property before moving it to any other waters in this state or any other location in this state where aquatic invasive species could thrive.

D. An order issued under subsection B or C of this section is exempt from title 41, chapter 6, article 3, except that the director shall promptly file a copy of the order with the secretary of state for publication in the Arizona administrative register pursuant to section 41-1013.

§ 17-255.02 Prohibitions

Except as authorized by the commission, a person shall not:

Possess, import, ship or transport into or within this state, or cause to be imported, shipped or transported into or within this state, an aquatic invasive species.
Notwithstanding section 17-255.04, subsection A, paragraph 4, release, place or plant, or cause to be released, placed or planted, an aquatic invasive species into waters in this state or into any water treatment facility, water supply or water transportation facility, device or mechanism in this state.
Notwithstanding section 17-255.04, subsection A, paragraph 4, place in any waters of this state any equipment, watercraft, vessel, vehicle or conveyance that has been in any water or location where aquatic invasive species are present within the preceding thirty days without first decontaminating the equipment, watercraft, vessel, vehicle or conveyance.
Sell, purchase, barter or exchange in this state an aquatic invasive species.

§ 17-255.03 Violations; civil penalties; classification; cost recovery

A. Except as otherwise provided by this section, a person who violates this article is subject to a civil penalty of not more than five hundred dollars.

B. A person who knowingly violates section 17-255.02, paragraph 2 or 4 is guilty of a class 2 misdemeanor. In addition, the commission, or any officer charged with enforcing this article if directed by the commission, may bring a civil action in the name of this state to recover damages and costs against a person who violates section 17-255.02, paragraph 2 or 4. Damages and costs recovered pursuant to this subsection shall be deposited in the game and fish fund.

C. The court shall order a person found in violation of section 17-255.01, subsection C, paragraph 2 to pay to this state all costs not exceeding fifty dollars incurred by this state to decontaminate any watercraft, vehicle, conveyance or other equipment on which aquatic invasive species were present. Monies paid pursuant to this subsection shall be deposited in the game and fish fund.

D. This section applies regardless of whether the director establishes an aquatic invasive species program pursuant to section 17-255.01.

§ 17-255.04 Applicability; no private right of action

A. This article does not apply to the owner or operator of:

Any system of canals, laterals or pipes, any related or ancillary facilities, fixed equipment and structures related to the delivery of water and any discharges from the system.
Any water treatment or distribution facility system, any related or ancillary facilities, fixed equipment and structures and any discharges from the system.
Any drainage, wastewater collection, treatment or disposal facility system, any related or ancillary facilities, fixed equipment and structures and any discharges from the system.
A public or private aquarium and education or research institution holding a permit pursuant to section 17-238 or 17-306.
Any stock ponds or livestock water facilities or distribution facilities, including fixed equipment and structures related to the delivery of water and any discharges from the system.

B. The director may consult with the entities listed in subsection A of this section to assist in the implementation of this article.

C. This article does not create any express or implied private right of action and may be enforced only by this state.

Article 4 Fiscal Provisions

§ 17-261 Game and fish fund

On or before the fifth day of each month the department shall deposit, pursuant to sections 35-146 and 35-147, the monies received from section 28-1177, from licenses, from the sale of goods or services at locations other than at shooting ranges that the commission owns and operates or from any other source under this title in a special fund known as the game and fish fund, which is set aside, appropriated and made available to the commission in carrying out the provisions of this title and in administering the off-highway vehicle user indicia program pursuant to title 28, chapter 3, article 20, and the monies shall be used for no other purpose. Expenditures of the monies shall be under control of the budget laws of this state and no monies shall be expended from the fund except:

By the annual budget and to match federal grants for wildlife restoration as provided for by the legislature.
For emergency purposes not to exceed twenty-five thousand dollars in any one fiscal year when authorized by the governor and the department of administration.

§ 17-261.01 Game and fish revolving fund

A. Notwithstanding the provisions of section 35-193, there is established a permanent game and fish revolving fund in an amount not to exceed thirty thousand dollars for use in making cash outlays for postage, C.O.D. packages, travel or other minor disbursements which are proper as ultimate claims for payment from the game and fish fund. The director of the department of administration shall prescribe rules and regulations for expenditures from this fund and reimbursement to the fund.

B. The game and fish permanent revolving fund shall be established as a separate account on the books of the game and fish department and a full accounting of its use shall be made to the director of the department of administration annually or as required by the director of the department of administration.

C. All monies deposited in the game and fish revolving fund are appropriated to the game and fish department for use as provided in this section and are exempt from the provisions of section 35-190, relating to lapsing of appropriations.

§ 17-262 Investment of surplus funds; earned interest

A. When the commission is of the opinion that the actual amount of funds held by the commission is in excess of the amount necessary to meet the immediate demands, the commission may authorize the investment of such funds, unless prohibited by federal and state rules and regulations.

B. On notice from the commission, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the game and fish fund.

§ 17-263 Membership dues

The department may expend monies for membership dues in organizations dealing directly with fish and game management.

§ 17-264 Budget appropriation

The legislature shall, in its general appropriation measure and in accordance with the budget laws of the state, make an appropriation for the operation of the commission and department, the appropriation to be payable from game and fish funds.

§ 17-265 Game and fish in-lieu fee program restoration endowment trust fund; exemption; definition

A. The game and fish in-lieu fee program restoration endowment trust fund is established to be used to fulfill the department's obligations as an in-lieu fee sponsor pursuant to sections 401 and 404 of the clean water act. The commission shall administer the trust fund as trustee.

B. The trust fund is a permanent endowment fund that consists of monies deposited from proceeds received by the department as an in-lieu fee sponsor pursuant to sections 401 and 404 of the clean water act, and interest and investment income earned on those monies, including:

Compensatory mitigation monies received from in-lieu fee permittees through the purchase of in-lieu fee mitigation credits.
Monies received from the United States army corps of engineers for other approved in-lieu fee programs.
Monies received from the United States army corps of engineers as a resolution of unauthorized activities under a completed federal enforcement action that does not involve department personnel pursuant to sections 401 and 404 of the clean water act.

C. Monies in the trust fund are continuously appropriated. Monies in the trust fund do not revert to the state general fund and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

D. The state treasurer shall accept, separately account for and hold in trust any trust fund monies deposited pursuant to this section in the state treasury, which are considered to be trust monies as defined in section 35-310 and which may not be commingled with any other monies in the state treasury except for investment purposes. On notice from the commission, the state treasurer shall invest and divest, as provided by section 35-313, 35-314 or 35-314.03, any trust fund monies deposited in the state treasury, and monies earned from interest and investment income shall be credited to the trust fund.

E. The beneficiaries of the trust are the in-lieu fee projects sponsored by the department pursuant to sections 401 and 404 of the clean water act.

F. Monies in the trust fund shall be spent by the commission solely for the following:

The purposes authorized under any enabling instrument between the commission, the United States army corps of engineers and the United States environmental protection agency.
Site selection, design, implementation, monitoring, management and administrative costs related to the department's responsibilities as an in-lieu fee sponsor pursuant to sections 401 and 404 of the clean water act.

G. For the purposes of this section, "clean water act" has the same meaning prescribed in section 49-201.

§ 17-266 Construction by employees or force account

Notwithstanding sections 41-2535 and 41-2572, the commission may build, alter, repair, improve or demolish a structure or other improvement by employees or force account if the project cost does not exceed thirty-five thousand dollars. This exemption does not apply to an office or residence building or to storage facilities for equipment and supplies. In fiscal year 1986-1987, and each fiscal year thereafter, the maximum project cost for which construction by employees or force account is authorized shall be adjusted by the annual percentage change in the GDP price deflator as defined in section 41-563, subsection E.

§ 17-267 Land and water conservation and recreation development fund

A. There is established a land and water conservation and recreation development fund. The monies of such fund may be used by the commission to pay for recreation benefits in connection with fish and wildlife restoration projects. The monies of such fund may be used to match other funds available from the Pittman-Robertson federal aid in wildlife restoration act in 50 Stat. 917, 16 U.S.C. 669-669j, the Dingell-Johnson federal aid in fish restoration act in 64 Stat. 430, 16 U.S.C.A. 777-777k and the rules and regulations pursuant thereto, land and water conservation fund act which is Public Law 88-578 of 1965 and rules and regulations pertaining thereto, the state lake improvement fund, the state game and fish restoration fund or funds available from other federal, state, county or municipal sources. The monies of such fund may also be used for purchase of engineering services, land, rights of way, water rights or for construction on a participating basis in such projects or to provide recreational facilities appurtenant thereto.

B. The commission may review and recommend to the legislature in its annual budget request, projects which will provide recreation benefits in connection with fish and wildlife restoration projects.

C. All monies in the land and water conservation and recreation development fund shall be subject to annual legislative appropriation.

§ 17-268 Game, non-game, fish and endangered species fund

A. A game, non-game, fish and endangered species fund is established to be used by the commission for game, non-game, fish and endangered species purposes. Monies in the fund are subject to annual legislative appropriation pursuant to section 35-143.01.

B. Monies received by this state pursuant to section 43-615 shall be deposited, pursuant to sections 35-146 and 35-147, in the fund.

C. On notice from the commission, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and notwithstanding section 17-262, monies earned from investment of the game, non-game, fish and endangered species fund shall be credited to the fund.

§ 17-269 Game and fish publications revolving fund

The game and fish publications revolving fund is established consisting of monies received from the sale of publications pursuant to section 17-231, subsection B, paragraph 9. The monies in the fund are appropriated to the department to produce and distribute department publications and information. Monies in the game and fish publications revolving fund that at any time are in excess of $250,000 shall immediately revert to the game and fish fund. Monies in the game and fish publications revolving fund up to an amount of $250,000 are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

§ 17-271 Wildlife endowment fund

A. The wildlife endowment fund is established to be used by the commission for wildlife conservation and management purposes. The fund consists of:

Revenues from sales of lifetime licenses and benefactor licenses.
Gifts, grants and contributions specifically designated for the fund.
Interest and investment income derived from monies in the fund as provided by subsection C of this section.

B. Monies in the wildlife endowment fund are:

Subject to annual appropriation by the legislature pursuant to section 35-143.01.
Exempt from lapsing under section 35-190.

C. The commission shall administer the wildlife endowment fund. On notice from the commission the state treasurer shall invest and divest monies in the wildlife endowment fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. On July 1 of each year the department of administration shall transfer from the wildlife endowment fund to the game and fish fund an amount equal to the interest and investment income deposited in the wildlife endowment fund during the preceding fiscal year.

§ 17-272 Voluntary contributions in lieu of property taxes

A. If the commission purchases real property and if the property was subject to taxation, or was exempt from taxation under section 42-11114 or 42-11115, at the time of purchase, notwithstanding any other law, the commission may make voluntary contributions of money to the state, the county, the municipality, school districts, a community college district and any other special taxing district organized under title 48 in which the property is located. On or before April 1 of each year in which the commission elects to make voluntary contributions under this section, the commission shall notify the county assessor of the county in which the property is located of its election to make a voluntary contribution pursuant to this section. Contributions under this section:

May be made from the game, nongame, fish and endangered species fund, the conservation development fund, the Arizona game and fish commission heritage fund or any other source of monies available to and budgeted by the commission, except that monies from the heritage fund may be used only with respect to property acquired pursuant to section 17-298.
Are subject to legislative appropriation if legislative appropriation is required for the particular source of monies.

B. The department shall consult with the assessor of the county in which the property is located and determine the assessed valuation of the property and the amount of the contribution under this section. Each year the contribution shall be computed assuming classification as class two property pursuant to section 42-12002 and shall be valued each year as agricultural land pursuant to section 42-13101. The assessed valuation used to compute the contribution shall not be increased from one tax year to the next tax year by more than two per cent.

C. The amount of the contribution shall be determined by applying the current aggregate tax rate to the determined valuation.

D. The county treasurer shall collect and the commission shall pay the amount of contribution under this section at the same time and in the same manner as ad valorem property taxes are collected and paid.

E. The county treasurer shall distribute the monies received under this section to the various taxing jurisdictions in which the property is located in the same manner as property taxes are distributed.

F. This section does not apply to, and the commission shall not make contributions with respect to, lands acquired for fish hatcheries, game farms, firing ranges, reservoir sites, administrative sites or rights-of-way to fishing waters.

§ 17-273 Firearms safety and ranges fund; uses; criteria

A. The firearms safety and ranges fund is established consisting of monies transferred to the fund pursuant to section 42-5029, subsection D, paragraph 4, subdivision (c) and revenues derived from the sale or lease of real property owned by the commission and acquired for or used for the purpose of providing public shooting ranges and monies received from the sale of goods and services from commission-owned shooting ranges except for program income associated with federal grants. The Arizona game and fish commission shall administer the fund which is continuously appropriated. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. Interest earned on monies in the fund shall be credited to the fund.

B. The Arizona game and fish commission shall use monies in the fund on shooting ranges open to the public and operated by government or nonprofit entities for the following purposes:

Shooting range engineering and studies.
Noise abatement.
Safety enhancement.
Shooting range design.
New shooting range sites and construction.
Shooting range relocation.
Shooting sports programs.
Inventory for sale at ranges.
Other projects or expenses that are necessary to operate and maintain a shooting range under good practices and management.

C. The director of the Arizona game and fish department shall consult with the state land commissioner to identify eligible state trust land suitable for the location or relocation of shooting ranges.

D. The Arizona game and fish commission may accept and spend private grants, gifts and contributions to assist in carrying out this section.

§ 17-274 Arizona game and fish department fleet vehicle replacement fund

A. The Arizona game and fish department fleet vehicle replacement fund is established consisting of revenues received from the fees charged to the department for having vehicles in the state motor vehicle fleet.

B. The purpose of the fund is to acquire and replace department vehicles and equipment. The department shall administer the fund. Monies in the fund are continuously appropriated.

§ 17-275 Arizona game and fish department fleet operations fund

A. The Arizona game and fish department fleet operations fund is established consisting of revenues received from the fees charged to the department for having vehicles in the state motor vehicle fleet.

B. The purpose of the fund is to maintain and operate the state motor vehicle fleet. The department shall administer the fund. Monies in the fund are continuously appropriated.

Article 5 Conservation Development Fund

§ 17-281 Definitions

In this article, unless the context otherwise requires:

"Bonds" means bonds issued by the commission pursuant to this article.
"Game and fish facilities purpose" means:

(a) Construction of game and fish facilities.

(b) Acquiring, converting, renovating or improving existing facilities for game and fish facilities.

(d) Establishing reserves to secure payment of principal, interest and premiums due on the bonds.

(e) Refunding any matured or unmatured bonds.

(f) Expenses of the commission incident to and reasonable and necessary to carry out the purposes specified in this paragraph.

"Game and fish facility" means any real property, fixtures, furnishings and equipment that the commission deems appropriate to carry out this title, including the preservation or propagation of wildlife and the preservation or development of habitat.
"Resolution" means any resolution adopted by the commission and any trust indenture or other agreement executed by the commission pursuant to a resolution.

§ 17-282 Conservation development fund; purposes

A. The conservation development fund is established.

B. The fund shall be held and administered by a fiscal agent designated by the commission pursuant to section 17-290.

C. Monies in the fund are not subject to the appropriation or budget laws of this state and no action of the legislature is required for expenditure of monies from the fund.

§ 17-283 Issuance of bonds; negotiability; resolution; notice; tax exemption

A. The commission, with the approval of the joint legislative budget committee, may issue bonds for game and fish facilities purposes. The bonds are payable solely from the monies in the conservation development fund. The commission may pledge and assign all or any portion of these monies necessary to secure payment of the bonds to a fiscal agent or to a trustee in trust for the bondholders.

B. Bonds issued under this article are fully negotiable within the meaning and for all purposes of title 44.

C. The commission may prescribe by resolution any of the following:

Whether the bonds are in one or more series.
The date of the bonds.
The place, medium, manner and time of payment for the bonds.
The maturity date of the bonds which shall not exceed forty years from the date of the bond.
Any registration privileges.
The manner of execution and form of the bonds, either unregistered, registered as to principal only or registered as to both principal and interest and either certificated or uncertificated.
Whether the bonds are additionally secured by reserve or sinking funds which may either be capitalized in whole or in part by bond proceeds or accumulated over the term of the bonds from pledged revenues.
The denomination, interest rate, price and method of sale of the bonds. The commission may provide for interest rates which change from time to time based on a percentage of a recognized indicator of interest rates if a maximum and minimum rate of interest is specified in the resolution.
The terms on and manner in which bonds are callable. The bonds may be refunded by the issuance of refunding bonds either at or before maturity, but the issuance of refunding bonds shall not be construed to advance the maturity or change stated call dates of the bonds being refunded.
Any provisions necessary to secure the bonds and any terms, covenants or conditions deemed necessary by the commission.

D. In conjunction with the issuance of bonds the commission may enhance the security of the bonds by acquiring insurance covering the payment of debt service, acquiring letters of credit or other credit facilities or entering into investment agreements which provide for fixed yields on monies of the commission which may either be received from bond proceeds or from the revenues pledged to the payment of debt service. The commission may enter into an agreement to pay for insurance or letters of credit which pledges bond proceeds or monies deposited in the conservation development fund for the payments. The agreement shall not be effective for a term longer than the final maturity of the bonds being secured, except for payment of fees due from the commission.

E. The bonds, their transfer and the income from them are free from taxation in this state.

§ 17-284 Pledges; lien; personal liability; incontestability

A. Any pledge made pursuant to this article is valid and binding from the time the pledge is made. Monies pledged and received by the commission or its fiscal agent for deposit in the conservation development fund are immediately subject to the lien of the pledge without any physical delivery or further act, and the lien of the pledge is valid and binding against all parties with or without notice of the pledge who have claims of any kind against the commission. The instrument by which the pledge is created is, when placed in the records of the commission, notice to all persons of the creation of the pledge and need not be recorded in any other place.

B. The members of the commission and any person executing a bond are not personally liable for the payment of a bond.

C. After the sale and delivery of a bond it is incontestable by the commission and is a legal and binding obligation of the commission notwithstanding any imperfection in proceedings with respect to site selection, property acquisition, planning, construction, operation or administration of or for any game and fish facility or any other action taken by the commission not directly affecting the issuance of the bonds.

§ 17-285 Bonds as legal investments; state nonliability

A. Bonds issued under this article are legal investments for all banks, trust companies and insurance companies organized and operating under the laws of this state.

B. The bonds and interest on the bonds shall be paid solely according to their terms and are not obligations general, special or otherwise of this state. The bonds do not constitute a legal debt of this state and are not enforceable against this state. The commission is not in any event liable for the payment of the principal of or interest on the bonds from any source of revenues other than those pledged for the payment of the bonds. The bonds shall not be construed to constitute an indebtedness of the commission within the meaning of any constitutional or statutory provision.

§ 17-286 Certification of bonds by attorney general

A. The commission shall submit to the attorney general any initial bond to be offered after all actions for the authorization of the bond have been taken by the commission. The attorney general shall examine into and pass upon the validity of any bond submitted and the regularity of all proceedings in connection with the bond. If the attorney general determines that the proceedings conform to the provisions of this article and that the bond, when delivered and paid for, will constitute a binding and legal obligation of the commission, the attorney general shall certify on the bond or any certificate used to indicate ownership that the bond is issued in accordance with the constitution and laws of this state.

B. The commission may submit to the attorney general any subsequent bond to be offered after all actions for the authorization of the bond have been taken by the commission if the terms of the bond are substantially the same as the terms of the initial bond reviewed pursuant to subsection A of this section. The attorney general shall examine into and pass on the validity of any bond submitted and the regularity of all proceedings in connection with the bond. If the attorney general determines that the proceedings conform to the provisions of this article and that the bond, when delivered and paid for, will constitute a binding and legal obligation of the commission, the attorney general shall certify on the bond or any certificate used to indicate ownership that the bond is issued in accordance with the constitution and laws of this state.

§ 17-287 Impairment of bondholder rights; prohibition; inclusion in resolutions and indentures

A. This state shall not limit or alter the rights vested in the commission to collect the surcharges necessary to produce sufficient revenue to fulfill the terms of any agreement made with the bondholders or in any way impair the rights and remedies of bondholders until the terms of all bonds and the costs in connection with any action enforcing the terms of the bonds are fully met and discharged.

B. The commission as agent of this state may include in its resolutions and indentures securing bonds an agreement to abide by the provisions of subsection A.

§ 17-288 Distributions from the conservation development fund

A. Not later than the first day of each month, the fiscal agent shall distribute from the conservation development fund to the appropriate bond payment funds and accounts such monies as are necessary to pay when due the principal of, interest on and any premium on all outstanding bonds. The time, method, amounts, priority and appropriate fund of these distributions shall be as provided in the resolution authorizing the issuance of the bonds and the agreement with the bondholders.

B. If the monies in all the funds and accounts are sufficient to pay when due all principal coming due on outstanding bonds during the ensuing twelve months and all other amounts coming due on outstanding bonds during the ensuing six months, the fiscal agent shall distribute any excess monies in the conservation development fund to the capital improvement fund.

§ 17-289 Bond proceeds fund; investment

A. The proceeds received from the sale and delivery of bonds after deducting the necessary costs and expenses of the issuance and sale of the bonds shall be deposited with the trustee designated by the commission pursuant to section 17-290 to be placed in a bond proceeds fund, which shall be established for each series or issue of bonds. The bond proceeds fund shall be separate and apart from all other funds, except that the trustee shall first apply those amounts of the bond proceeds set forth in the resolution issuing the bonds or notes to all reserve and sinking funds if required by the bond resolution. Monies in the bond proceeds fund may be spent for any game and fish facilities purpose consistent with the resolution authorizing the bonds.

B. On order of the commission, all monies in a bond proceeds fund shall be invested by the trustee for the series or issue of bonds in obligations issued or guaranteed by the United States or any of the senior debt of its agencies, sponsored agencies, corporations, sponsored corporations or instrumentalities or any investments authorized by any other agencies of the United States government which are now authorized for use to secure public deposits or state, county or municipal bonds issued in this state on which the payments of interest have not been deferred. The order directing the trustee to invest the monies shall set forth the specified time when the proceeds from the sale of the bonds shall be used for the purposes directed in the bond resolution, and the trustee shall invest the proceeds from the sale of the bonds, in the securities described in this subsection. If authorized by the commission, the trustee may purchase any of these securities which mature on a date after the date specified in the order if the trustee obtains a commitment to repurchase the securities on the date specified in the order from a bank or financial institution. The trustee shall exercise reasonable care in choosing the bank or financial institution repurchasing the securities.

C. The separate game and fish bond proceeds funds for different series of bonds may be held by different trustees designated pursuant to section 17-290.

D. If the revenues pledged to secure the bonds or any series of the bonds ever become insufficient to pay the annual principal and interest on the bonds, the commission shall direct the liquidation of the securities remaining in the respective bond proceeds fund and order the trustee to use the proceeds of the liquidation to make current all payments then due on the bonds.

§ 17-290 Designation of fiscal agent and trustees; monies of the authority; fees

A. The commission shall designate a fiscal agent to receive and administer on behalf of the commission all monies to be paid into the conservation development fund, trustees to receive and administer on behalf of the commission all monies to be paid into the bond proceeds funds, a trustee to receive and administer on behalf of the commission all monies to be paid into the funds and accounts established by resolutions and a fiscal agent to receive and administer on behalf of the commission all monies to be paid into the capital improvement fund.

B. The designations in subsection A shall be made from banks or trust companies authorized to do business in this state. A single bank or trust company may act in more than one of the capacities described in this section.

C. Monies derived from the sale of bonds or pledged to the payment of these bonds shall not be paid into the state treasury but shall be deposited by the commission's treasurer or other fiscal officer, fiscal agent or trustee designated pursuant to this section in a separate bank account designated by the commission. All deposits of these monies shall be secured by obligations of the United States of America, of a market value equal at all times to the amount of the deposit, and all banks and trust companies may give such security. The monies shall be held for and on behalf of the commission and the holders of any bonds. These monies shall be disbursed as directed by the commission and according to the terms of any agreements with the holder of any bonds. This section shall not be construed as limiting the power of the commission to agree in connection with the issuance of any of its bonds as to the custody and disposition of the monies received from the sale of the bonds or the income and revenue pledged and assigned to or interest for the benefit of the holder of the bonds.

D. The fees and expenses of the fiscal agent and trustees designated pursuant to this section shall be paid from the conservation development fund or the bond proceeds fund as directed by the commission.

§ 17-291 Additional bonds

After the original issuance of bonds, the commission, with the approval of the joint legislative budget committee, may issue additional bonds. Additional bonds may be issued on a parity with one or more outstanding issues on such terms and conditions as the commission prescribes by resolution.

§ 17-292 Capital improvement fund

A. The capital improvement fund is established and shall be held and administered by a fiscal agent designated by the commission pursuant to section 17-290.

B. Monies in the capital improvement fund may be expended by the department, subject to legislative appropriation for:

Constructing game and fish facilities.
Acquiring, converting, renovating or improving existing facilities for game and fish facilities.
Acquiring real property for game and fish facilities.
Expenses of the commission incident to and reasonable and necessary to carry out the purposes of this subsection.

C. If at any time the monies in the conservation development fund are insufficient or the commission reasonably expects these monies to become insufficient for the distributions required in section 17-288, monies in the capital improvement fund not otherwise committed shall be transferred by the fiscal agent to the conservation development fund until the monies in the conservation development fund are sufficient to make the required distributions when due.

§ 17-293 Unlawful interest in real property by commission member; violation; classification

A. A member of the commission shall not have any direct or indirect financial interest in any real property purchased with monies made available by the issuance of bonds.

B. A person who violates subsection A is guilty of a class 2 misdemeanor.

§ 17-294 Annual audit of funds

A. The commission shall cause an annual audit to be made of the conservation development fund, capital improvement fund and any bond proceeds, sinking, reserve or other operation fund established pursuant to this article. The audit shall be made by a certified public accountant within thirty days after the close of the fiscal year, and a certified copy of the audit shall be filed with the auditor general.

B. The auditor general may, if he deems it advisable, make such further audits and examinations as he deems necessary and take appropriate action in relation thereto as provided by title 41, chapter 7, article 10.1. Unless the auditor general takes official action within thirty days after filing of the audit, the audit shall be deemed sufficient.

C. The fees and expenses, if any, of the certified public accountant and of the auditor general for audits and examinations pursuant to this section shall be paid from the conservation development fund or the bond proceeds fund as directed by the commission.

§ 17-295 Limitation on bonding

A. The aggregate amount of bonds that may be issued pursuant to this article shall be determined by the joint committee on capital review but shall not exceed seven million five hundred thousand dollars. The limit determined by the joint committee on capital review shall not be less than the amount issued prior to the date such limit is determined.

B. The limitations of this section shall not apply to bonds issued to refund bonds lawfully issued under this article.

Article 6 Arizona Game and Fish Commission Heritage Fund

§ 17-296 Definitions

In this article:

"Public access" means providing entry to publicly held lands for recreational use where such entry is consistent with the provisions establishing those lands.
"Sensitive habitat" means the specific areas within the geographical area historically or currently occupied by a species or community of species in which are found those physical or biological features essential to the establishment or continued existence of the species and which may require special management, conservation or protection considerations.
"Endangered species" means a species or subspecies of native Arizona wildlife whose population has been reduced due to any cause whatsoever to such levels that it is in imminent danger of elimination from its range in Arizona, or has been eliminated from its range in Arizona.
"Threatened species" means a species or subspecies of native Arizona wildlife that, although not presently in imminent danger of being eliminated from its range in Arizona, is likely to become an endangered species in the foreseeable future.
"Candidate species" means a species or subspecies of native Arizona wildlife for which habitat or population threats are known or suspected but for which substantial population declines from historic levels have not been documented.
"Urban wildlife" means the wildlife that occurs within the limits of an incorporated area or in close proximity to an urban area that receives significant impact from human use.
"Environmental education" means educational programs dealing with basic ecological principles and the effects of natural and man related processes on natural and urban systems and programs to enhance public awareness of the importance of safeguarding natural resources.
"Habitat evaluation" means the assessment of the status, condition and ecological value of habitat and subsequent recommendations of management, conservation or other protection measures, or mitigation measures, including but not limited to, recommendation of reasonable alternatives for the proposed projects that might otherwise affect the habitat under assessment.
"Habitat protection" means the process of protecting the quality, diversity, abundance, and serviceability of habitats for the purposes of maintaining or recovering populations of Arizona wildlife.

§ 17-297 Arizona game and fish commission heritage fund

A. The Arizona game and fish commission heritage fund is established consisting of monies deposited from the state lottery fund pursuant to section 5-572 and interest earned on those monies.

B. The fund shall be administered by the Arizona game and fish commission and is not subject to appropriation and expenditures from the fund are not subject to outside approval notwithstanding any provision of section 17-241 or 17-261 or any other statutory provision to the contrary. Monies received pursuant to section 5-572 shall be deposited directly with the Arizona game and fish commission heritage fund. On notice from the Arizona state game and fish commission, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

C. All monies in the Arizona game and fish commission heritage fund shall be spent by the Arizona game and fish commission only for the purposes and in the percentages set forth in this article. In no event shall any monies in the fund revert to the state general fund and monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

D. The commission shall not use its rights of eminent domain to acquire property to be paid for with money from the Arizona game and fish commission heritage fund.

§ 17-298 Expenditures from fund; purpose and amounts; annual report

A. Monies received pursuant to section 5-572 shall be spent as follows:

Five percent on public access, including maintenance and operation expenses.
Sixty percent on the identification, inventory, acquisition, protection and management, including maintenance and operations, of property with sensitive habitat. At least twenty percent of the monies available under this paragraph shall be spent to acquire property with sensitive habitat used by endangered, threatened and candidate species. Not more than twenty percent of the monies available under this paragraph may be spent on the operation and maintenance of the acquired property, including the acquired property's infrastructure. The commission may dispose of any lands acquired for use as habitat by an endangered, threatened or candidate species under this paragraph when the species no longer qualifies as an endangered, threatened or candidate species. The Arizona game and fish commission shall dispose of the land in a manner consistent with the preservation of the species of concern. The disposal may include conservation easements and fee simple transfers with associated instruments of protection. The commission shall follow the guidelines established pursuant to section 37-803 relating to the disposition of real property by a state agency. In addition, disposal shall include a written agreement between the commission and the purchaser requiring the purchaser to incorporate management actions to ensure proper maintenance of the species of concern. Management actions may include maintenance of habitat, selective control of nonnative species, maintenance of genetic viability, monitoring of populations and habitat, coordinating conservation activities, funding conservation actions and assessing conservation progress.
Fifteen percent on habitat evaluation or habitat protection.
Fifteen percent on urban wildlife and urban wildlife habitat programs.
Five percent on environmental education.

B. All monies earned as interest on monies received pursuant to section 5-572 shall be spent only in the percentages and for the purposes described in subsection A of this section or for costs of administering the Arizona game and fish commission heritage fund in such amounts as determined by the Arizona game and fish commission.

C. On or before December 31, the commission shall submit its annual report to the president of the senate, the speaker of the house of representatives and the chairmen of the senate and house of representatives committees on natural resources and agriculture, or their successor committees, and shall provide a copy of this report to the secretary of state. The annual report shall include information on:

The amount of monies spent or encumbered in the fund during the preceding fiscal year and a summary of the projects, activities and expenditures relating to:

(a) Property acquisition, operation and maintenance.

(b) Identification, inventory, protection and management of sensitive habitat.

(d) Urban wildlife.

(e) Environmental education.

(f) Public access.

The number and location of parcels of property acquired during the preceding fiscal year.
For personal and real properties acquired with fund monies during the preceding fiscal year, the amount of property tax revenue paid to each taxing jurisdiction during the last full tax year prior to acquisition.
The amount of money spent from the fund during the preceding fiscal year for employee personal services.
The number of full-time employees employed in the preceding fiscal year in connection with property acquisition, including survey, appraisal and other related activities.
The total number of full-time employees employed in the preceding fiscal year for the programs listed in subsection A of this section.
A list of the grants awarded during the preceding fiscal year, including information on the recipients, purposes and amounts.

§ 17-298.01 Decennial performance audit

Beginning in 2001 and every tenth succeeding year thereafter, the auditor general shall conduct a performance audit, as defined in section 41-1278, of the programs and expenditures of the Arizona game and fish commission heritage fund pursuant to this article. The auditor general shall submit copies of the performance audit to the president of the senate, the speaker of the house of representatives and the chairmen of the senate and house of representatives committees on natural resources and agriculture, or their successor committees.

Article 7 Arizona Wildlife Conservation Fund

§ 17-299 Arizona wildlife conservation fund

(Caution: 1998 Prop. 105 applies)

A. The Arizona wildlife conservation fund is established consisting of monies deposited pursuant to section 5-601.02(H)(3)(b)(iii) and interest earned on those monies. The Arizona state game and fish commission shall administer the fund. The fund is not subject to appropriation, and expenditures from the fund are not subject to outside approval notwithstanding any provision of sections 17-241 or 17-261 or any other statutory provisions to the contrary.

B. Monies received pursuant to section 5-601.02 shall be deposited directly with the Arizona wildlife conservation fund. On notice from the Arizona state game and fish commission, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. No monies in the Arizona wildlife conservation fund shall revert to or be deposited in any other fund, including the state general fund. Monies in the Arizona wildlife conservation fund are exempt from the provisions of section 35-190 relating to the lapsing of appropriations. Monies provided from the Arizona wildlife conservation fund shall supplement, not supplant, existing monies.

C. All monies in the Arizona wildlife conservation fund shall be spent by the Arizona state game and fish commission to conserve, enhance, and restore Arizona's diverse wildlife resources and habitats for present and future generations, and which may include the acquisition of real property. The commission may grant monies to any agency of the state or any political subdivision, Indian tribe, or non-profit organization exempt from federal income taxation under section 501(c) of the internal revenue code for the purpose of conservation of wildlife or wildlife habitat or acquisition of real property or interest in real property that is wildlife habitat. A grant of money under this subsection to a nonprofit organization is conditioned on the organization providing reasonable public access to any land that is wholly or partly purchased with that money.

Chapter 3 Taking and Handling of Wildlife

Article 1 General Regulations

§ 17-301 Times when wildlife may be taken; exceptions; methods of taking

A. A person may take wildlife, except aquatic wildlife, only during daylight hours unless otherwise prescribed by the commission. A person shall not take any species of wildlife by the aid or with the use of a jacklight, other artificial light, or illegal device, except as provided by the commission.

B. A person shall not take wildlife, except aquatic wildlife, or discharge a firearm or shoot any other device from a motor vehicle, including an automobile, aircraft, train or powerboat, or from a sailboat, boat under sail, or a floating object towed by powerboat or sailboat except as expressly permitted by the commission. No person may knowingly discharge any firearm or shoot any other device upon, from, across or into a road or railway.

C. Fish may be taken only by angling unless otherwise provided by the commission. The line shall be constantly attended. In every case the hook, fly or lure shall be used in such manner that the fish voluntarily take or attempt to take it in their mouths.

D. It shall be unlawful to take wildlife with any leghold trap, any instant kill body gripping design trap, or by a poison or a snare on any public land, including state owned or state leased land, lands administered by the United States forest service, the federal bureau of land management, the national park service, the United States department of defense, the state parks board and any county or municipality. This subsection shall not prohibit:

The use of the devices prescribed in this subsection by federal, state, county, city, or other local departments of health which have jurisdiction in the geographic area of such use, for the purpose of protection from or surveillance for threats to human health or safety.
The taking of wildlife with firearms, with fishing equipment, with archery equipment, or other implements in hand as may be defined or regulated by the Arizona game and fish commission, including but not limited to the taking of wildlife pursuant to a hunting or fishing license issued by the Arizona game and fish department.
The use of snares, traps not designed to kill, or nets to take wildlife for scientific research projects, sport falconry, or for relocation of the wildlife as may be defined or regulated by the Arizona game and fish commission or the government of the United States or both.
The use of poisons or nets by the Arizona game and fish department to take or manage aquatic wildlife as determined and regulated by the Arizona game and fish commission.
The use of traps for rodent control or poisons for rodent control for the purpose of controlling wild and domestic rodents as otherwise allowed by the laws of the state of Arizona, excluding any fur-bearing animals as defined in section 17-101.

§ 17-301.01 Protection from wildlife

A. Notwithstanding any other provision of this title, any person may take wildlife in self-defense or in defense of another person if it is immediately necessary to protect oneself or to protect the other person.

B. A person shall notify the department within five days after taking wildlife under this section. No animal or part of an animal taken pursuant to this section may be retained, sold or removed from the site without authorization from the department.

§ 17-302 Taking of bear or mountain lion for protection of property; report

A. Other provisions of this title notwithstanding, a landowner or lessee, who is a livestock operator and who has recently had livestock attacked or killed by bear or mountain lion, may, if he complies with subsection B, lawfully exercise such measures as necessary to prevent further damage from the offending bear or lion, including the taking of such bear or mountain lion in the following manner:

All traps shall be inspected within seventy-two hours and nontarget animals released without further injury. The department shall provide technical advice and assistance in the release of nontarget bears and lions. Nontarget animals seriously injured and unable to leave the scene upon release shall be humanely dispatched. Target bears and lions shall be humanely dispatched immediately.
Bears and lions may be taken only by means of:

(a) Leg hold traps without teeth and with an open jaw spread not exceeding eight and one-half inches.

(b) Leg snares.

(d) Other legal hunting weapons and devices.

All traps and snares shall be identified as to the person or agency setting the trap or snare.
A livestock operator taking a lion or bear pursuant to this section shall notify a department office within five days after setting traps or initiating pursuit in any manner. The notification for both bears and lions shall include information on the number and kind of livestock attacked or killed and the name and address of the livestock operator experiencing depredation. Such information shall not be public information.
A livestock operator taking a bear or lion pursuant to this section shall provide reasonable evidence of having livestock recently attacked or killed if a person authorized by the director requests such evidence within forty-eight hours of the department being notified pursuant to paragraph 4. Information shall include location description of sufficient detail to allow the site of depredation and traps set to be located. Such information shall not be public information.
Dogs may be used to facilitate the pursuit of depredating bears and lions.

B. A license or tag shall not be required for the taking of a bear or mountain lion under this section, but within ten days after the taking, the livestock operator shall file a written report with the department. The location of the take, identity of the livestock operator filing the report and location and date of livestock depredation are not public information. Such report shall also contain the following information:

Name and address of livestock operator experiencing depredation losses.
Number, ages and kinds of livestock lost.
Numbers and location of bears or lions taken.
Sex and estimated age of each bear or lion taken.
Location and date of livestock depredation.

C. No portion of an animal taken pursuant to this section shall be retained or sold by any person except as authorized by the commission.

D. No animal trapped or taken alive under this section shall be held in captivity.

E. In addition to other penalties provided by law, persons not in compliance with the provisions of this section may be ordered by the department to remove devices not in compliance with the requirements of this section and to cease and desist current pursuit activities intended to take the depredating bear or lion which the livestock operator has failed to comply with the provisions of this section.

F. A livestock operator entitled to take a bear or lion under the provisions of this section may contract with another person for the taking of the depredating bear or lion. The person under contract shall comply with all of the provisions of this section.

§ 17-302.01 Taking of wolves for protection of life or property

Notwithstanding any other law, the commission may not prohibit any person from taking a wolf that is actively threatening or attacking a person, livestock or other domestic animal.

§ 17-303 Taking or driving wildlife from closed areas or while trespassing

It is unlawful for any person:

Except by commission order, to enter on a game refuge or other area that is closed to hunting, trapping or fishing and take, drive or attempt to drive wildlife from such an area.
Without authorization from the landowner or lessee of private land, to take wildlife if section 17-304, subsection D, paragraph 1 or 2 applies.

§ 17-304 Prohibition by landowner on hunting, fishing, trapping or guiding; trespassing; posting; requirements

A. Landowners or lessees of private land who desire to prohibit hunting, fishing, trapping or guiding on their lands without their permission shall post such lands closed to hunting, fishing, trapping or guiding using notices or signboards.

B. State or federal lands, including those under lease, may not be posted except by consent of the commission.

C. The notices or signboards shall meet all of the following criteria:

Be at least eight inches by eleven inches with plainly legible wording in capital and bold-faced lettering at least one inch high.
Contain the words "no trespassing", "no hunting", "no trapping", "no fishing" or "no guiding" either as a single phrase or in any combination.
Be conspicuously placed on a structure or post at all points of vehicular access, at all property or fence corners and at intervals of not more than one-quarter mile along the property boundary, except that a post with one hundred square inches or more of orange paint may serve as the interval notices between property or fence corners and points of vehicular access. The orange paint shall be clearly visible and shall cover the entire aboveground surface of the post facing outward and on both lateral sides from the closed area.

D. The entry of any person for the taking of wildlife is not grounds for an action for criminal trespassing pursuant to section 13-1502 unless either:

The land has been posted pursuant to this section and the notices and signboards also contain the words "no trespassing".
The person knowingly remains unlawfully on any real property after a reasonable request to leave by a law enforcement officer acting at the request of the owner, the owner or any other person having lawful control over the property or the person knowingly disregards reasonable notice prohibiting entry to any real property.

§ 17-305 Possession of other weapons while hunting; violation; classification

A. The possession of legal weapons, devices, ammunition or magazines, which are not authorized to take wildlife, is not prohibited while hunting if the weapon or device is not used to take wildlife.

B. Taking wildlife by using a weapon, device, ammunition or magazine that is not authorized to take wildlife is a class 1 misdemeanor.

§ 17-306 Importation, transportation, release or possession of live wildlife; violations; classification

A. No person shall import or transport into this state or sell, trade or release within this state or have in the person's possession any live wildlife except as authorized by the commission or as defined in title 3, chapter 16.

B. It is unlawful for a person to knowingly and without lawful authority under state or federal law import and transport into this state and release within this state a species of wildlife that is listed as a threatened, endangered or candidate species under the endangered species act of 1973 (P.L. 93-205; 87 Stat. 884; 16 United States Code sections 1531 through 1544).

C. A person who violates subsection B of this section is guilty of a class 6 felony.

D. A person who violates subsection B of this section with the intent to disrupt or interfere with the development or use of public natural resources to establish the presence of the species in an area not currently known to be occupied by that species is guilty of a class 4 felony.

§ 17-307 Possession, storage, sale and gift of the carcass or parts thereof of wildlife

A. The carcass or parts thereof of wildlife lawfully obtained in accordance with the provisions of this title and commission regulations may be possessed by the person taking such wildlife.

B. The carcass or parts thereof of wildlife lawfully obtained may be placed in storage in accordance with the provisions of this title.

C. The carcass or parts thereof of wildlife lawfully produced by or lawfully obtained from a commercial wildlife breeding or processing establishment may be sold in this state.

D. A person may make a gift of the carcass or parts thereof of his lawfully obtained wildlife, or he may have it prepared in a public eating place and served to himself and his guests.

§ 17-308 Unlawful camping

It is unlawful for a person to camp within one-fourth mile of a natural water hole containing water or a man-made watering facility containing water in such a place that wildlife or domestic stock will be denied access to the only reasonably available water.

§ 17-309 Violations; classification

A. Unless otherwise prescribed by this title, it is unlawful for a person to:

Violate any provision of this title or any rule adopted pursuant to this title.
Take, possess, transport, release, buy, sell or offer or expose for sale wildlife except as expressly permitted by this title.
Destroy, injure or molest livestock, growing crops, personal property, notices or signboards or other improvements while hunting, trapping or fishing.
Discharge a firearm while taking wildlife within one-fourth mile of an occupied farmhouse or other residence, cabin, lodge or building without permission of the owner or resident.
Take a game bird, game mammal or game fish and knowingly allow an edible portion thereof to go to waste, except as provided in section 17-302.
Take big game, except bear or mountain lion, with the aid of dogs.
Make more than one use of a shipping permit or coupon issued by the commission.
Obtain a license or take wildlife during the period for which the person's license has been revoked or suspended or the person has been denied a license.
Litter hunting and fishing areas while taking wildlife.
Take wildlife during the closed season.
Take wildlife in an area closed to the taking of that wildlife.
Take wildlife with an unlawful device.
Take wildlife by an unlawful method.
Take wildlife in excess of the bag limit.
Possess wildlife in excess of the possession limit.
Possess or transport any wildlife or parts of the wildlife that was unlawfully taken.
Possess or transport the carcass of big game without a valid tag being attached.
Use the edible parts of any game mammal or any part of any game bird or nongame bird as bait.
Possess or transport the carcass or parts of a carcass of any wildlife that cannot be identified as to species and legality.
Take game animals, game birds and game fish with an explosive compound, a poison or any other deleterious substances.
Import into this state or export from this state the carcass or parts of a carcass of any wildlife unlawfully taken or possessed.

B. Unless a different or other penalty or punishment is specifically prescribed, a person who violates any provision of this title, or who violates or fails to comply with a lawful order or rule of the commission, is guilty of a class 2 misdemeanor.

C. A person who knowingly takes any big game during a closed season or who knowingly possesses, transports or buys any big game that was unlawfully taken during a closed season is guilty of a class 1 misdemeanor.

D. A person is guilty of a class 6 felony who knowingly:

Barters, sells or offers for sale any big game or parts of big game taken unlawfully.
Barters, sells or offers for sale any wildlife or parts of wildlife unlawfully taken during a closed season.
Barters, sells or offers for sale any wildlife or parts of wildlife imported or purchased in violation of this title or a lawful rule of the commission.
Assists another person for monetary gain with the unlawful taking of big game.
Takes or possesses wildlife while under permanent revocation under section 17-340, subsection C, paragraph 3.

E. A peace officer who knowingly fails to enforce a lawful rule of the commission or this title is guilty of a class 2 misdemeanor.

§ 17-310 Agreement to appear in court

Game rangers, wildlife managers, and other peace officers may take any person before a magistrate within the county in which an offense is committed for a violation of any provision of this title, but any person apprehended for violating any provision of this title punishable as a misdemeanor may be issued a notice to appear before such magistrate bearing the date, time and place for such appearance, the offense charged, and the location or approximate location where the violation was committed. The notice shall be signed by the person notified to appear, and he shall be given a copy thereof and thereupon may be released from custody. Failure of such person to appear at the time and place specified shall be cause for issuance of a warrant for his arrest for failure to appear.

§ 17-311 Duty to report shooting accident resulting in injury or death; duty to give assistance; authority of officers

A. Any person who, while taking wildlife, is involved in a shooting accident resulting in injury to another person shall render every possible assistance to the injured person, and if the accident is fatal, he shall immediately report the accident to the nearest law enforcement officer available and render such assistance as may be required.

B. Such person shall within ten days file with the department a full and complete written report of such accident.

§ 17-312 Misuse of firearms

A. It is unlawful for any person while taking wildlife, or while in any hunting area, to handle or discharge any firearm while intoxicated or in a careless or reckless manner or with wanton disregard for the safety of human life or property.

B. Nothing in this section shall be construed in any way to limit the right of the state to prosecute any person who injures or kills another.

§ 17-313 Disposition of fines, forfeitures and penalties; reports

A. Fines, forfeitures and penalties collected for violations of this title shall be deposited, pursuant to sections 35-146 and 35-147, immediately by the officer collecting or receiving them in the wildlife theft prevention fund.

B. The state treasurer shall notify the commission of all monies received and paid under the provisions of this title.

C. Each justice of the peace and each clerk of a court of record shall, within twenty days after a judgment has been rendered under the provisions of this title, report in writing to the commission the results of the prosecution, the amount of fines, forfeitures and penalties collected, and disposition thereof.

§ 17-314 Illegally taking, wounding, killing or possessing wildlife; civil penalty; enforcement

A. The commission may impose a civil penalty against any person for unlawfully taking, wounding, killing or possessing any of the following wildlife, or part thereof, to recover the following minimum sums:

For each turkey or javelina $ 500.00
For each bear, mountain lion, pronghorn (antelope)

or deer $1,500.00

For each elk or eagle, other than

endangered species $2,500.00

For each predatory, fur-bearing or nongame animal $ 250.00
For each small game or aquatic wildlife animal $ 50.00
For each bighorn sheep, bison (buffalo)

or endangered species animal $8,000.00

B. The commission may bring a civil action in the name of this state to enforce the civil penalty. The civil penalty, or a verdict or judgment to enforce the civil penalty, shall not be less than the sum fixed in this section. The minimum sum that the commission may recover from a person pursuant to this section may be doubled for a second violation, verdict or judgment and tripled for a third violation, verdict or judgment. The action to enforce the civil penalty may be joined with an action for possession and recovery had for the possession as well as the civil penalty.

C. The pendency or determination of an action to enforce the civil penalty or for payment of the civil penalty or a judgment, or the pendency or determination of a criminal prosecution for the same taking, wounding, killing or possession, is not a bar to the other, nor does either affect the right of seizure under any other provision of the laws relating to game and fish.

D. All monies recovered pursuant to this section shall be deposited in the wildlife theft prevention fund established by section 17-315.

§ 17-315 Wildlife theft prevention fund; authorized expenditures

A. The wildlife theft prevention fund is established consisting of:

Monies received from civil penalties pursuant to section 17-314.
Money received from donations to the fund.
Monies appropriated by the legislature for the purposes provided in this article.
Monies received as fines, forfeitures and penalties collected for violations of this title.

B. Monies in the wildlife theft prevention fund shall be expended only for the following purposes:

The financing of reward payments to persons, other than peace officers, game and fish department personnel and members of their immediate families, responsible for information leading to the arrest of any person for unlawfully taking, wounding or killing, possessing, transporting or selling wildlife and attendant acts of vandalism. The commission shall establish the schedule of rewards to be paid for information received and payment shall be made from monies available for this purpose.
The financing of a statewide telephone reporting system under the name of "operation game thief", which shall be established by the director under the guidance of the commission.
The promotion of the public recognition and awareness of the wildlife theft prevention program.
Investigations of the unlawful taking, possession or use of wildlife.
Investigations of fraud related to licenses, permits, tags or stamps.

C. The wildlife theft prevention fund shall be expended in conformity with the laws governing state financial operations. Balances remaining at the end of the fiscal year are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

§ 17-316 Interference with rights of hunters; classification; civil action; exceptions

A. It is a class 2 misdemeanor for a person while in a hunting area to intentionally interfere with, prevent or disrupt the lawful taking of wildlife by:

Harassing, driving or disturbing any wildlife.
Blocking, obstructing or impeding, or attempting to block, obstruct or impede, a person lawfully taking wildlife.
Erecting a barrier without the consent of the landowner or lessee with the intent to deny ingress to or egress from areas where wildlife may be lawfully taken.
Making or attempting to make physical contact, without permission, with a person lawfully taking wildlife.
Engaging in, or attempting to engage in, theft, vandalism or destruction of real or personal property.
Disturbing or altering, or attempting to disturb or alter, the condition or authorized placement of real or personal property intended for use in the lawful taking of wildlife.
Making or attempting to make loud noises or gestures, set out or attempt to set out animal baits, scents or lures or human scent, use any other natural or artificial visual, aural, olfactory or physical stimuli, or engage in or attempt to engage in any other similar action or activity, in order to disturb, alarm, drive, attract or affect the behavior of wildlife or disturb, alarm, disrupt or annoy a person lawfully taking wildlife.
Interjecting oneself into the line of fire of a person lawfully taking wildlife.

B. It is a class 3 misdemeanor for a person to enter or remain on a designated hunting area on any public or private lands or waters or state lands including state trust lands with the intent to interfere with, prevent or disrupt the lawful taking of wildlife.

C. The commission or any person properly licensed to take wildlife who is directly affected by a violation of this section may bring an action to restrain conduct declared unlawful in this section and to recover damages.

D. A peace officer who reasonably believes that a person has violated this section may order the person to desist or to leave the area or arrest such person upon refusal to desist or leave.

E. The conduct declared unlawful in this section does not:

Include any incidental interference arising from lawful activity by public land users, including ranchers, miners or recreationists.
Apply to landowners, permittees, lessees or their agents or contractors engaged in animal husbandry practices or agricultural operations.

§ 17-317 Possession and containment of white amur; determination of closed aquatic system

A. The commission shall establish a procedure by rule to permit the possession of certified triploid white amur (ctenopharyngodon idellus).

B. The department shall evaluate potential sites for the stocking of certified triploid white amur in this state. These sites shall be in closed aquatic systems as determined by the commission. The commission shall determine what constitutes a closed aquatic system after at least one public hearing and shall consider at least the following factors:

Hydrologic:

(a) Flood potential of the aquatic system.

(b) Proximity of the aquatic system to other aquatic systems.

The risk of severe damage to the aquatic habitat in other bodies of water due to the possession and use of white amur.

§ 17-318 Disease assessment and treatment before importing wildlife and transporting big game

A. The department shall test all cloven-hoofed wildlife it introduces or imports into this state, and all cloven-hoofed big game transported and released in this state for the purpose of creating new or expanding existing populations, for presence of diseases that can be transmitted to livestock. The tests to be conducted shall be determined by consultation with the state veterinarian. The department shall treat and cure all wildlife infected with any known disease that can be transmitted to livestock before the wildlife are released in this state.

B. Before introducing or importing cloven-hoofed wildlife into this state, or transporting and releasing cloven-hoofed big game in this state for purposes of creating new or expanding existing populations, the department shall determine the potential for livestock and domestic animals infecting the wildlife and, if possible, immunize the wildlife before they are released in this state.

§ 17-319 Big game animals; carcasses; possession and transportation; salvage permit; requirements; violation; classification

A. Notwithstanding any other provision of this title, the carcass of a big game animal may be possessed and transported if a peace officer or an authorized employee of the department issues a big game salvage permit. A big game salvage permit is not transferable and may be issued only as follows:

If the big game animal has been killed as a result of an accidental collision with a motor vehicle, to the driver of the motor vehicle or to an individual wishing to possess the carcass.
If the big game animal is euthanized by a peace officer or authorized employee of the department as a result of injuries sustained by an accidental collision with a motor vehicle, to the driver of the motor vehicle or to an individual wishing to possess the carcass.
If the big game animal died as a result of natural causes, to the individual who reports the big game animal carcass.
If the big game animal subsequently dies or is euthanized by a peace officer or authorized employee of the department as the result of an injury sustained from natural causes, to the individual who reports the injured big game animal.

B. The department shall provide big game salvage permit forms to peace officers on request. The salvage permit form shall require the following information:

The name and address of the individual receiving the salvage permit.
A description of the big game animal that was killed or euthanized.
The date on which the salvage permit is issued.
The specific location of the big game animal.
A description of the motor vehicle, if applicable.
The destination where the carcass will be transported.
The name of the peace officer or the authorized employee of the department who issued the salvage permit.

C. The peace officer or the authorized employee of the department shall:

Complete all of the information required on the salvage permit.
Give the original of the salvage permit to the driver of the motor vehicle or the individual wishing to possess the carcass.
Provide a copy of the salvage permit to the department within forty-eight hours after issuing the permit.

D. A peace officer or an authorized employee of the department may inspect the carcass before issuing the big game salvage permit.

E. A person who possesses the carcass of a big game animal pursuant to this section may make a gift of the carcass or parts to another individual.

F. A big game salvage permit issued under this section does not represent or imply that any part of the carcass is edible. The peace officer or the authorized employee of the department issuing the salvage permit, the agency employing the peace officer and the department are not liable with respect to any use made of the carcass.

G. A big game salvage permit may not be issued for a big game animal that the peace officer or authorized employee of the department suspects is diseased or spoiled.

H. A person who possesses the carcass of a big game animal under authority of a big game salvage permit that was obtained by fraud is guilty of a class 1 misdemeanor.

§ 17-320 Jaguar; protection; violations; classification; civil liability; exceptions

A. Notwithstanding section 17-239 or any other provision of this title, if the secretary of the interior publishes in the federal register a determination for the removal of jaguar (felis onca) from the list as required under section 4(c) of the endangered species act of 1973, as amended, (P.L. 93-205; 87 Stat. 884; 16 United States Code sections 1531 through 1544):

It is unlawful for a person to knowingly kill, wound or possess a jaguar or any part thereof.
A person who unlawfully kills, wounds or possesses a jaguar or any part thereof:

(a) Is guilty of a class 1 misdemeanor.

(b) Is liable for civil damages of not more than seventy-two thousand five hundred dollars for each violation.

B. Subsection A of this section does not apply to:

A jaguar or parts of a jaguar that were lawfully possessed under state and federal law before August 21, 1997.
Any person who kills or wounds a jaguar, if it can be shown by a preponderance of the evidence that the person committed an act based on a good faith belief that the person was acting to protect himself, a member of the person's family or any other individual from bodily harm from the jaguar.

C. A person shall notify the department within five days after killing or wounding a jaguar under subsection B, paragraph 2 of this section. A jaguar that is killed or wounded pursuant to subsection B, paragraph 2 of this section shall not be retained, sold or removed from the site without authorization from the department.

Article 2 Licenses

§ 17-331 License or proof of purchase required; violation of child support order

A. Except as provided by this title, rules prescribed by the commission or commission order, a person shall not take any wildlife in this state without a valid license or a commission approved proof of purchase. The person shall carry the license or proof of purchase and produce it on request to any game ranger, wildlife manager or peace officer.

B. A certificate of noncompliance with a child support order issued pursuant to section 25-518 invalidates any license or proof of purchase issued to the support obligor for taking wildlife in this state and prohibits the support obligor from applying for any additional licenses issued by an automated drawing system under this title.

C. On receipt of a certificate of compliance with a child support order from the court pursuant to section 25-518 and without further action:

Any license or proof of purchase issued to the support obligor for taking wildlife that was previously invalidated by a certificate of noncompliance and that has not otherwise expired shall be reinstated.
Any ineligibility to apply for any license issued by an automated drawing system shall be removed.

§ 17-332 Form and content of license; duplicate licenses; transfer of license prohibited; exceptions; refunds; period of validity; definitions

A. Licenses and license materials shall be prepared by the department and may be furnished and charged to dealers that are authorized to issue licenses. Each license shall be issued in the name of the department and signed in a manner provided by rule adopted by the commission. With each license authorizing the taking of big game, the department shall provide such tags as the commission may prescribe, which the licensee shall attach to the big game animal in the manner prescribed by the commission. The commission may limit the number or use of licenses that are issued to nonresidents or permits that are issued to nonresidents and that are not issued in a random drawing. The commission shall limit the number of big game permits issued to nonresidents in a random drawing to ten percent or fewer of the total hunt permits, but in extraordinary circumstances, at a public meeting the commission may increase the number of permits issued to nonresidents in a random drawing if, on separate roll call votes, the members of the commission unanimously:

Support the finding of a specifically described extraordinary circumstance.
Adopt the increased number of nonresident permits for the hunt.

B. The commission shall issue with each license a shipping permit entitling the holder of the license to a shipment of game or fish as provided by article 4 of this chapter.

C. It is unlawful, except as provided by the commission, for any person to apply for or obtain in any one license year more than one original license permitting the taking of big game. A duplicate license or tag may be issued by the department or by a license dealer if the person requesting such a license or tag furnishes the information deemed necessary by the commission.

D. A license or permit is not transferable and may not be used by anyone except the person to whom the license or permit was issued, except that:

The commission may prescribe the manner and conditions of transferring and using permits and tags under this paragraph, including an application process for a qualified organization, to allow a person to transfer the person's big game permit or tag to a qualified organization for use by:

(a) A minor child who has a life-threatening medical condition or a permanent physical disability.

(b) A minor child whose parent was killed in action while serving in the armed forces of the United States.

(d) A minor child whose parent was killed in the course and scope of employment as a professional firefighter who is a member of a state, federal, tribal, city, town, county, district or private fire department.

(e) A veteran of the armed forces of the United States who has a service-connected disability.

A parent, grandparent or legal guardian may allow the parent's, grandparent's or guardian's minor child or minor grandchild to use the parent's, grandparent's or guardian's big game permit or tag to take big game pursuant to the following requirements:

(a) The parent, grandparent or guardian must transfer the permit or tag to the minor child in a manner prescribed by the commission.

(b) The minor child must possess a valid hunting license.

E. A minor child who uses a big game permit or tag pursuant to subsection D of this section and is under fourteen years of age must satisfactorily complete the Arizona hunter education course or another comparable hunter education course that is approved by the director.

F. Refunds may not be made for the purchase of a license or permit, except that the commission may prescribe a manner of refunding the cost of a big game permit or tag to the following individuals:

An active duty member of the armed forces of the United States who is ordered to leave this state during the time period in which the big game permit or tag is valid for the taking of wildlife.
A peace officer who is assigned to special duty during the time period in which the big game permit or tag is valid for the taking of wildlife.
A professional firefighter who is a member of a state, federal, tribal, city, town, county, district or private fire department and who is assigned to special duty during the time period in which the big game permit or tag is valid for the taking of wildlife.

G. Licenses are valid for a license year as prescribed in rule by the commission. Lifetime licenses and benefactor licenses are valid for the lifetime of the licensee.

H. For the purposes of this section:

"Disability" means a permanent physical impairment that substantially limits one or more major life activities and that requires the assistance of another person or a mechanical device for physical mobility.
"Qualified organization" means a nonprofit organization that is qualified under section 501(c)(3) of the United States internal revenue code and that affords opportunities and experiences to minor children with life threatening medical conditions or with physical disabilities, minor children whose parents were killed in action while serving in the armed forces of the United States or in the course and scope of employment as peace officers or professional firefighters or to veterans with disabilities.

§ 17-333 License classifications; fees; reduced fee and complimentary licenses; annual report; review

A. The commission shall prescribe by rule license classifications that are valid for the taking or handling of wildlife, fees for licenses, permits, tags and stamps and application fees.

B. The commission may temporarily reduce or waive any fee prescribed by rule under this title on the recommendation of the director.

C. The commission may reduce the fees for licenses and issue complimentary licenses, including the following:

A complimentary license to a pioneer who is at least seventy years of age and who has been a resident of this state for twenty-five or more consecutive years immediately before applying for the license. The pioneer license is valid for the licensee's lifetime, and the commission may not require renewal of the license.
A complimentary license to a veteran of the armed forces of the United States who has been a resident of this state for one year or more immediately before applying for the license and who receives compensation from the United States government for a permanent service-connected disability rated as one hundred percent disabling.
A license for a reduced fee of up to twenty-five percent less than the full license fee to a veteran of the United States armed forces who has been a resident of this state for one year or more immediately before applying for the license and who receives compensation from the United States government for a service-connected disability.
A license for a reduced fee that is one-half of the full license fee to a person who has been a resident of this state for one year or more immediately before applying for the license and who submits satisfactory proof to the department that the person is a veteran and a bona fide purple heart medal recipient.
A youth license for a reduced fee to a resident of this state who is either:

(a) A member of the boy scouts of America and who has attained the rank of eagle scout.

(b) A member of the girl scouts of the USA and who has received the gold award.

D. All monies collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the game and fish fund established by section 17-261.

E. On or before December 31 of each year, the commission shall submit an annual report to the president of the senate, the speaker of the house of representatives, the chairperson of the senate natural resources, energy and water committee and the chairperson of the house of representatives energy, environment and natural resources committee, or their successor committees, that includes information relating to license classifications, fees for licenses, permits, tags and stamps and any other fees that the commission prescribes by rule. The joint legislative audit committee may assign a committee of reference to hold a public hearing and review the annual report submitted by the commission.

§ 17-333.02 Trapping license; education; exemption

A. A person applying for a trapping license must successfully complete a trapping education course conducted or approved by the department before being issued a trapping license. The department shall conduct or approve an educational course of instruction in responsible trapping and environmental ethics. The course shall include instruction on the history of trapping, trapping ethics, trapping laws, techniques in safely releasing nontarget animals, trapping equipment, wildlife management, proper catch handling, trapper health and safety and considerations and ethics intended to avoid conflicts with other public land users. A person must pass a written examination to successfully complete the course. The department shall not approve a trapping education course conducted by any person, agency, corporation or other organization for which a fee is charged greater than an amount the commission determines per person.

B. A person who is born before January 1, 1967 or who has completed, from and after December 31, 1987 and before March 1, 1993, the voluntary trapper education course on responsible trapping conducted in cooperation with the Arizona game and fish department is exempt from subsection A of this section.

§ 17-334 Sale of licenses

Hunting, fishing and other licenses shall be issued by such person as may be designated license dealers by the commission. The commission may suspend or revoke a dealer's license for failure to comply with rules specified by commission order.

§ 17-335 Blind resident; fishing license exemption

A blind resident may fish without a license and is entitled to the same privileges as the holder of a valid license.

§ 17-335.01 Lifetime license and benefactor license

A. For the purposes of this title, the commission may prescribe by rule a lifetime license and a benefactor license and privileges associated with the taking and handling of fish and wildlife in this state pursuant to section 17-333. All monies derived from the sale of lifetime licenses and benefactor licenses shall be deposited, pursuant to sections 35-146 and 35-147, in the wildlife endowment fund established by section 17-271.

B. A lifetime license, benefactor license and trout stamp may be denied or suspended pursuant to, and for the offenses described in, section 17-340.

C. A lifetime license, benefactor license and trout stamp remain valid if the licensee subsequently resides outside this state, but the licensee must pay the nonresident fee to purchase any additional privileges, including stamps, permits and tags required to hunt and fish in this state. Limits set by the commission on issuing nonresident stamps, permits or tags do not apply to stamps, permits or tags sold to a lifetime licensee.

§ 17-337 Hunting and fishing licenses; armed forces members and spouses

A member or the spouse of a member of the armed forces of the United States who is on active duty and stationed in this state for either permanent or temporary duty may purchase a resident license permitting the taking of wildlife.

§ 17-337.01 Licenses for enrollees in the job corps

Enrollees in the job corps created by the economic opportunity act of 1964, who are stationed within the state, shall be entitled to purchase a fishing license as provided by law for other residents of the state.

§ 17-338 Remission of fees from sale of licenses and permits; violation; classification

A. License dealers shall transmit to the department all license and permit fees collected and furnish such information as the commission prescribes by rule. The failure to transmit these fees within thirty days after the deadline the commission prescribes by rule is cause to cancel a license dealer's license. The knowing failure to transmit all collected license and permit fees within thirty days is a class 2 misdemeanor.

B. A license dealer may collect and retain a reasonable fee as determined by the license dealer in addition to the fee charged to issue the license or permit.

§ 17-339 Reports and returns by license dealers; noncompliance; classification

A. Each license dealer shall by January 10, or on demand of the commission or department, return to the department:

All duplicate stubs, unused licenses, permits and big game tags.
All due and unremitted license and permit fees collected.
A full and complete report of the licenses, permits and big game tags returned.

B. The failure to make such return within thirty days shall automatically cancel the license dealer's license, and intentional failure to comply with the provisions of this section is a class 1 misdemeanor. Any license dealer who makes a false or fraudulent return or report or who fails to submit returns, reports or all due and unremitted fees as required under this section with the intent of defrauding the department is guilty of a class 6 felony.

§ 17-340 Revocation, suspension and denial of privilege of taking wildlife; civil penalty; notice; violation; classification

A. On conviction, on entering a deferred prosecution agreement or after adjudication as a delinquent juvenile as defined in section 8-201 and in addition to other penalties prescribed by this title, the commission, after a public hearing, may revoke or suspend a license issued to any person under this title and deny the person the right to secure another license to take or possess wildlife for a period of not to exceed five years for:

Unlawful taking, unlawful selling, unlawful offering for sale, unlawful bartering or unlawful possession of wildlife.
Careless use of firearms that resulted in the injury or death of any person.
Destroying, injuring or molesting livestock or damaging or destroying growing crops, personal property, notices or signboards or other improvements while hunting, trapping or fishing.
Littering public hunting or fishing areas while taking wildlife.
Knowingly allowing another person to use the person's big game tag, except as provided by section 17-332, subsection D.
A violation of section 17-303, 17-304, 17-316 or 17-341 or section 17-362, subsection A.
A violation of section 17-309, subsection A, paragraph 5 involving a waste of edible portions other than meat damaged due to the method of taking as follows:

(a) Upland game birds, migratory game birds and wild turkey: breast.

(b) Deer, elk, pronghorn (antelope), bighorn sheep, bison (buffalo) and peccary (javelina): hind quarters, front quarters and loins.

A violation of section 17-309, subsection A, paragraph 1 involving any unlawful use of aircraft to take, assist in taking, harass, chase, drive, locate or assist in locating wildlife.
A violation of title 13 involving the taking or possession of wildlife.

B. An active license revocation for an agreement to defer prosecution terminates after the licensee provides proof to the commission that:

The licensee satisfactorily completed the terms and obligations of a deferred prosecution program.
The criminal charges filed against the licensee are dismissed.
The licensee completed all required training courses.
The licensee paid in full all civil penalties imposed pursuant to section 17-314.

C. On conviction or after adjudication as a delinquent juvenile and in addition to any other penalties prescribed by this title:

For a first conviction or a first adjudication as a delinquent juvenile, for unlawfully taking or wounding wildlife at any time or place, the commission, after a public hearing, may revoke, suspend or deny the person's privilege to take wildlife for a period of up to five years.
Notwithstanding subsection B of this section, for a second conviction, on entering a second agreement to defer prosecution, for a second adjudication as a delinquent juvenile or any combination of convictions, deferred prosecution agreements or adjudications that constitute a second final disposition, for unlawfully taking or wounding wildlife at any time or place, the commission, after a public hearing, may revoke, suspend or deny the person's privilege to take wildlife for a period of up to ten years.
Notwithstanding subsection B of this section, for a third conviction, on entering a third agreement to defer prosecution, for a third adjudication as a delinquent juvenile or any combination of convictions, deferred prosecution agreements or adjudications that constitute a third final disposition, for unlawfully taking or wounding wildlife at any time or place, the commission, after a public hearing, may revoke, suspend or deny the person's privilege to take wildlife permanently.

D. In accordance with title 41, chapter 6, article 10 and notwithstanding subsection A of this section, a person against whom the commission imposes a civil penalty under section 17-314 for the unlawful taking, wounding, killing or possession of wildlife may be denied the right to obtain a license to take wildlife until the person pays the civil penalty in full.

E. On receiving a report from the licensing authority of a state that is a party to the wildlife violator compact adopted under chapter 5 of this title that a resident of this state has failed to comply with the terms of a wildlife citation, the commission, after a public hearing, may suspend any license issued under this title to take wildlife until the licensing authority furnishes satisfactory evidence of compliance with the terms of the wildlife citation.

F. In carrying out this section, the director shall notify the licensee, within one hundred eighty days after conviction, to appear and show cause why the license should not be revoked, suspended or denied. The notice may be served personally or by certified mail sent to the address appearing on the license.

G. The commission shall furnish to license dealers the names and addresses of persons whose licenses have been revoked or suspended and the periods for which they have been denied the right to secure licenses.

H. The commission may use the services of the office of administrative hearings to conduct hearings and to make recommendations to the commission pursuant to this section.

I. Except for a person who takes or possesses wildlife while under permanent revocation, a person who takes wildlife in this state, or attempts to obtain a license to take wildlife, at a time when the person's privilege to do so is suspended, revoked or denied under this section is guilty of a class 1 misdemeanor.

§ 17-341 Violation; classification

A. It is unlawful for a person to knowingly purchase, apply for, accept, obtain or use, by fraud or misrepresentation a license, permit, tag or stamp to take wildlife and a license or permit so obtained is void and of no effect from the date of issuance thereof.

B. Any person who violates this section is guilty of a class 2 misdemeanor.

§ 17-342 Colorado river special use permit

A. A person taking fish or amphibians for purposes other than for profit from or while on a boat or other floating device on all waters of the Colorado river south of the Nevada-Arizona boundary shall have in his possession a valid angling or fishing license issued by either the state of Arizona or the state of California. In addition to one of the above described licenses, such person shall have in his possession a valid California or Arizona-Colorado river special use permit, as provided by sections 17-343 and 17-344, which shall be obtained on payment of a fee to be fixed by the commission at not to exceed four dollars. Such a permit shall not be required to take fish or amphibians from canals, drains or ditches used to carry water from the Colorado river for irrigation or domestic purposes.

B. A person having in his possession a valid Arizona fishing license must have a California-Colorado river special use permit to legally fish the waters described in subsection A of this section. A person having in his possession a valid California angling license must have an Arizona-Colorado river special use permit to legally fish the waters described in subsection A of this section. Such special use permit when accompanied by the proper license will allow the holder to fish in any portion of such waters and permit him to enter the waters from any point.

C. Shore line fishing does not require a Colorado river special use permit as long as the fisherman remains on the shore of the state from which he holds a valid license and does not embark on the water.

§ 17-343 Reciprocal sale of licenses and special use permits

The Arizona game and fish department and the California department of fish and game may enter into a reciprocal agreement to handle licenses and special use permits of either state and issue them to their authorized dealers. Arizona shall by April 30 of each year make an audit report together with remittance to California covering such sales. California shall by April 30 of each year make an audit report and remittance to Arizona covering such sales.

§ 17-344 Period of validity of special permits

Arizona-Colorado river special use permits and California-Colorado river special use permits shall be valid from January 1 to December 31, inclusive, or as the commission prescribes by rule or order.

§ 17-345 Surcharges; purposes

In addition to any other fees, the commission may impose and collect:

A surcharge on a license, permit, tag and stamp as the commission prescribes by rule. Monies collected pursuant to this paragraph shall be segregated from other fees and deposited in the conservation development fund.
Surcharges on Arizona-Colorado river special use permits, California-Colorado river special use permits and Nevada-Colorado river special use permits issued in this state as provided by sections 17-342, 17-343 and 17-344. The amount of the surcharges shall be determined by the commission. A surcharge under this paragraph is to be used solely for the purpose of the lower Colorado river multispecies conservation program under section 48-3713.03. Any monies collected pursuant to this paragraph shall be segregated from other revenues and deposited, pursuant to sections 35-146 and 35-147, in a fund designated as the Colorado river special use permit clearing account. Each month, on notification by the department, the state treasurer shall pay all of the monies in the clearing account to an account designated by a multi-county county water conservation district established under title 48, chapter 22 to be used solely for the lower Colorado river multispecies conservation program and for no other purpose.

§ 17-346 Special big game license tags

In addition to any license tags issued under section 17-333, the commission may issue special big game license tags in the name of an incorporated nonprofit organization that is dedicated to wildlife conservation. No more than three special big game license tags may be issued for each species of big game in a license year. Notwithstanding section 17-332, subsection D, an organization that receives special big game license tags issued under this section may sell and transfer them if all proceeds of the sale are used in this state for wildlife management.

Article 3 Trappers, Guides, Taxidermists and Fur Dealers

§ 17-361 Trappers; licensing; restrictions; duties; reports

A. The holder of a trapping license, may trap predatory, nongame, and fur-bearing mammals under such restrictions as the commission may specify.

B. All traps shall be plainly identified with the name, address, or registered number of the owner, and such markings of identification shall be filed with the department. All traps in use shall be inspected daily.

C. It shall be unlawful for a person to disturb the trap of another unless authorized to do so by the owner.

D. Pursuant to rules and regulations of the commission, each trapping licensee shall, on dates designated by the commission, submit on forms provided by the department, a legible report of the number of each kind of predatory, nongame and fur-bearing mammal taken and the names and addresses of the persons to whom they were shipped or sold or the wildlife management units where the animals were taken.

§ 17-362 Guide license; violations; annual report

A. A person shall not act as a guide without first satisfying the director of the person's qualifications and without having procured a guide license. A person who is under eighteen years of age shall not be issued a guide license.

B. If a licensed guide fails to comply with this title or is convicted of violating any provision of this title, in addition to any other penalty prescribed by this title:

For a first offense, the commission, after a public hearing, may revoke or suspend the guide license and deny the person the right to secure another license for a period of up to five years.
For a second offense, the commission, after a public hearing, may revoke or suspend the guide license and deny the person the right to secure another license for a period of up to ten years.
For a third offense, the commission, after a public hearing, may revoke or suspend the guide license and permanently deny the person the right to secure another license.

C. By January 10 of each year, or at the request of the commission, guides shall report to the department, on forms provided by the department, the name and address of each person guided, the number of days so employed and the number and species of game animals taken. A guide license shall not be issued to any person who has failed to deliver the report to the department for the preceding license year, or until meeting such requirements as the commission may prescribe.

§ 17-363 Practice of taxidermy; registration required; rules; register; revocation; suspension; civil penalty

A. A person shall not engage in the business of a taxidermist for hire until that person registers with the department. The department shall adopt rules to allow a person to register pursuant to this section.

B. A taxidermist shall:

Keep a register of the names and addresses of persons who furnish raw and unmounted specimens, the taker's tag or license number and the date and number of each species of wildlife received.
Exhibit the register on request of an authorized representative of the department.
Maintain the register for five years after the date the wildlife was received.
File a copy of the register in English with the department on or before January 31 of each year.

C. After a public hearing, the commission may revoke or suspend the registration of a person who violates this section and deny the person the right to register with the department as a taxidermist for hire under subsection A of this section for a period not to exceed one year.

D. A person who violates this section is subject to a civil penalty of one hundred fifty dollars.

§ 17-364 Fur dealer's license; records; reports

A. No person shall engage in the business of buying for resale any specimen of predatory, nongame and fur-bearing mammals taken within this state without obtaining a fur dealer's license.

B. A fur dealer shall keep a record of the date, number and species of all pelts or furs received, the name and addresses of the persons from whom such pelts or furs were received and the names and addresses of the persons to whom such pelts or furs were shipped or sold.

C. Fur dealers shall by the tenth day of October, January, April and July file a legible report with the department of all such records required by paragraph B on forms provided by the department.

Article 4 Transportation and Storage

§ 17-371 Transportation, possession and sale of wildlife and wildlife parts

A. A person may transport in his possession his legally taken wildlife, or may authorize the transportation of his legally taken big game, provided such big game or any part thereof has attached thereto a valid transportation permit issued by the department. Such wildlife shall be transported in such manner that it may be inspected by authorized persons upon demand until the wildlife is packaged or stored. Species of wildlife, other than game species, may be transported in any manner unless otherwise specified by the commission. A person possessing a valid license may transport lawfully taken wildlife other than big game given to him but in no event shall any person possess more than one bag or possession limit.

B. A holder of a resident license shall not transport from a point within to a point without the state any big game species or parts thereof without first having obtained a special permit issued by the department or its authorized agent.

C. Migratory birds may be possessed and transported in accordance with the migratory bird treaty act (40 Stat. 755; 16 United States Code sections 703 through 711) and regulations under that act.

D. A holder of a sport falconry license may transport one or more raptors that the person lawfully possesses under terms and conditions prescribed by the commission. Regardless of whether a person holds a sport falconry license and as provided by section 17-236, subsection C, the person may transport for sport falconry purposes one or more raptors that are not listed pursuant to the migratory bird treaty act.

E. Heads, horns, antlers, hides, feet or skin of wildlife lawfully taken, or the treated or mounted specimens thereof, may be possessed, sold and transported at any time, except that migratory birds may be possessed and transported only in accordance with federal regulations.

§ 17-372 Shipment by common carrier

A. A common carrier shall not transport any wildlife except as provided for under this title or title 3, chapter 16.

B. Wildlife may be shipped during the open season, or within five days thereafter, but such shipment shall not exceed the possession limit for any one species and no more than one such possession limit may be shipped in a period of seven consecutive days. When shipped a valid permit shall be firmly attached to such shipment and the specimens shall be clearly and conspicuously labeled with the name and address of the consignor and consignee and an accurate statement of the contents of package.

C. A resident may ship wildlife as provided under this section, except that a holder of a resident license shall not ship or offer for shipment from a point within to a point without the state any big game species or parts thereof without first having obtained a special permit issued by the department or its authorized agent.

§ 17-373 Storage; exception

A. Commercial food establishments processing or storing wildlife shall stamp all packages containing such wildlife with a stamp furnished by the department and such packages shall be marked with the date received or processed. The operator of such establishment shall keep a record, and exhibit it upon request, of the names and addresses of persons who furnish such wildlife for processing or storage, the date, amount, and species of such wildlife received.

B. This section does not apply to processing or storing aquatic animals that are cultivated, propagated or maintained in an aquaculture facility that is licensed under title 3, chapter 16.

Chapter 4 Conservation Projects and Federal Cooperation

Article 1 Restoration Projects

§ 17-401 Definitions

In this article, unless the context otherwise requires:

"Secretary" means the secretary of the interior of the United States, or any officer or agency of the United States authorized to administer the restoration acts.
"Restoration acts" means the Pittman-Robertson federal aid in wildlife restoration act found in 50 Stat. 917, 16 U.S.C.A. sections 669 through 669j; and the Dingell-Johnson federal aid in fish restoration act found in 64 Stat. 430, 16 U.S.C.A. sections 777 through 777k, and includes the rules and regulations issued by the secretary pursuant thereto.
"Restoration projects" or "projects" means a project for selection, restoration, rehabilitation or improvement of areas of land or water adaptable as feeding, resting or breeding places for wildlife or fish, and includes acquisition by purchase, lease or gift of the property or interest therein as may be suitable or capable of being made suitable therefor, and the construction of such works as may be necessary to efficient administration of wildlife resources, and such preliminary or incidental expenses as may be incurred in and about the project.

§ 17-402 Acceptance of federal aid acts

A. The state assents to the provisions of Public Law 415, 75th Congress, chapter 899, first session, and Public Law 681, 81st Congress, chapter 658, second session.

B. The commission shall be the agency of the state for the purposes of this article.

§ 17-403 Restoration projects

The commission may cooperate and enter into agreements with the secretary for establishment, maintenance and completion of restoration projects, pursuant to the restoration acts.

§ 17-404 Acquisition of lands

The commission, in the name of the state and with approval of the governor, may acquire by purchase, lease or gift, either for cash or upon installments, such lands or other property or interest therein as may be necessary for the purpose of carrying on a restoration project pursuant to an agreement entered into between the commission and the secretary.

§ 17-405 Acceptance of grants

A. The commission shall notify the secretary of its desires to avail itself of monies apportioned not later than sixty days after receipt of certification by the secretary of the estimated amount to be apportioned to this state.

B. Upon receipt of final certification by an agency of the federal government allocating funds to this state for any fiscal year or portion thereof available to the Arizona game and fish department, the commission shall transfer this state's share of the amount so allocated from any monies appropriated by the legislature of this state for the purpose of carrying out wildlife programs and if the monies are insufficient, the commission may transfer from the game and fish fund such sum as it deems advisable to further match the federal apportionments. Monies received from funds of the United States shall be deposited in the federal aid accounts. Claims against the accounts shall be made and paid in the manner provided by law for payment of claims against the game and fish fund.

C. Monies in the federal aid accounts shall be expended solely for work allowable under the provisions of the projects.

§ 17-406 Revolving fund; appropriation; purpose and reimbursement

A. There is established a permanent revolving fund to be known as the game and fish revolving fund.

B. The fund is appropriated for the initial financing or continuation of projects approved in compliance with the provisions of the restoration acts of Congress known as the Pittman-Robertson act and the Dingell-Johnson act and provisions of section 17-402 and other wildlife projects in which the cost may be partially or wholly reimbursed from federal funds.

C. Funds received from the federal government for deposit and appropriated state matching money shall be deposited to the credit of the revolving fund to the extent of expenditures therefrom.

D. This article is exempt from the provisions of section 35-190 relating to lapsing appropriations.

§ 17-407 Acquisition of lands by United States for migratory bird conservation

A. Notwithstanding section 37-620.01, the consent of this state is given pursuant to title 16 United States Code section 715f and article I, section 8, clause 17 of the Constitution of the United States for the acquisition by the United States of land and any buildings and other improvements required for migratory bird conservation purposes.

B. This state shall maintain concurrent civil and criminal jurisdiction over persons on lands acquired by the United States under this section.

Article 2 Fish Hatching and Fish Culture

§ 17-421 Right to conduct fish hatching and culture; limitations

A. The secretary of the interior is granted the privilege to conduct fish hatching, fish culture and other operations connected therewith, including the acquisition of land, with the approval of the commission, in any manner and at any time that may be considered by the secretary necessary and proper, any laws of the state to the contrary notwithstanding.

B. Nothing in this section shall be construed as permitting or granting to the secretary jurisdiction over or interference with the established activities or facilities of the department nor shall this section be construed as contravening any law of this state relating to public health or water rights.

Article 3 Wildlife Habitat Protection

§ 17-451 Definitions

In this article, unless the context otherwise requires:

"Cross-country" means travel over the countryside other than by road.
"Road" means any maintained or unmaintained road that has been utilized by the public.

§ 17-452 Restrictions on motor vehicle use; recommendations; agreements; rules

A. When the commission determines that the operation of motor vehicles within a certain area, except private land, is or may be damaging to wildlife reproduction, wildlife management or wildlife habitat of such area, the commission, with the concurrence of the land management agency involved and after a public hearing, may order such area closed to motor vehicles for not more than five years from the date of such closure, provided that all roads in such area shall remain open unless specifically closed.

B. The commission may also recommend that particular areas of land be set aside or made available for the use of recreational vehicles.

C. The commission may enter into agreements with landowners and agencies controlling areas that the commission has made recommendations on pursuant to subsection B. Any such agreement shall stipulate the restrictions, prohibitions and permitted uses of motor vehicles in such area and the duties of the commission and such landowner or agency relating to the enforcement of the terms of such agreement.

D. The commission shall adopt rules pursuant to title 41, chapter 6 to carry out the provisions of this section.

§ 17-453 Notices of restrictions; posting; publication

A. For all areas specified under agreements pursuant to section 17-452, the commission shall cause notices of the restrictions, prohibitions or permitted uses of such area to be posted, prior to the effective date of such restrictions, prohibitions or permitted uses, on the main traveled roads and highways entering such area and such locations that the commission deems appropriate.

B. In addition to the posted notices required by subsection A of this section, the commission shall cause a notice of such restrictions, prohibitions or permitted uses, together with a description of the area, to be published three times in a newspaper of general circulation in the state prior to the effective date of such restrictions, prohibitions or permitted uses.

§ 17-454 Prohibition against vehicle travel

No person shall drive a motor operated vehicle cross-country on public or private lands where such cross-country driving is prohibited by rule or regulation or, in the case of private lands, by proper posting.

§ 17-455 Exceptions

A. The restrictions, prohibitions or permitted uses established pursuant to section 17-452 shall not apply to:

Public employees acting in the scope of their employment.
Valid licensees and permittees of state agencies and land management agencies. Holders of such licenses and permits shall be limited to the specific purposes and areas of travel for which such licenses or permits were issued or granted.
Necessary travel within or across restricted or prohibited land by employees and agents of public utilities, subject to Arizona corporation commission (or any successor agency) or federal power commission regulation, of suppliers of water or power acting as agents of the federal government, and employees or agents of mining companies exercising rights pursuant to any state or federal mining law or regulation. Other persons who are regularly engaged in prospecting or mineral exploration shall upon application be issued vehicular access permits by the director.
A licensed hunter who enters an area solely to pick up a big game animal which he has legally killed.

B. Emergency situations, such as fire or other disasters, or when otherwise necessary to protect life or property shall not require a permit.

C. Parking and camping shall be allowed along open roads in closed areas, except that no vehicle shall be parked or operated at a distance greater than three hundred feet from such roads.

§ 17-456 Expenditure of funds; source; functions

The commission may expend such funds as may become available from general fund appropriations to carry out the provisions of this article, including, but not limited to:

Investigations and surveys of actual or possible wildlife habitat damage by motor vehicles and the study of areas to be recommended for recreational vehicle use.
Posting notices of restrictions, prohibitions and permitted uses of motor vehicles.
Providing maps.
An informational and educational program on wildlife habitat preservation and restoration.
The enforcement of the provisions of this article.

§ 17-457 Enforcement of article

All peace officers of the state, counties and municipalities and other duly authorized state employees may enforce the provisions of this article.

§ 17-458 Violations; classification

Any person who violates any provision of this article or any rule or regulation adopted pursuant to this article is guilty of a class 3 misdemeanor.

Article 4 Wildlife Habitat Restoration and Enhancement Fund

§ 17-471 Wildlife habitat restoration and enhancement fund; commission duties

A. The wildlife habitat restoration and enhancement fund is established consisting of legislative appropriations for specific wildlife habitat restoration and enhancement projects. Monies in the fund are subject to legislative appropriation and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. On notice from the director of the Arizona game and fish department, the state treasurer shall invest and divest monies in the fund as provided in section 35-313 and monies earned from investment shall be credited to the fund.

B. The commission shall:

Monitor and have oversight of specific projects for which the legislature appropriates monies to the wildlife habitat restoration and enhancement fund.
If necessary, change the priority of appropriated projects under its oversight, but any change in priority shall be subject to approval of the commission at a public hearing.
Submit a semiannual report on the work, goals, objectives and funding of the wildlife habitat restoration and enhancement fund to the governor, the president of the senate, the speaker of the house of representatives, the chairpersons of the senate and house of representatives appropriations committees and provide a copy of the report to the secretary of state and the director of the Arizona state library, archives and public records.

Article 5 Use of Aquatic Poisons

§ 17-481 Application of aquatic poisons; analysis; notice; exceptions

A. The department shall not apply rotenone or antimycin A for any purpose to any spring, seep, watershed, stream, river, stockpond, irrigation water delivery system, lake or other body of standing or running water in this state until conducting and submitting to the commission a full impact analysis of any risks posed to the environment and to downstream potable water supplies and livestock water sources. On receipt and review of the analysis, the commission shall issue either:

A written approval if the commission finds the application will not endanger the health of the environment, humans or livestock.
A written disapproval of the analysis.

B. The department must:

Provide at least ten days' advance written notice to all owners, lessees and permittees of real property, including federal and state public lands that are contiguous with the treatment area as defined in the impact analysis, and publish general notice in two publications in a daily or weekly newspaper of general circulation in the general area in which the rotenone or antimycin A will be applied.
Conduct soil and water analyses:

(a) Before applying rotenone or antimycin A to establish baseline levels.

(b) After application to monitor downstream levels in soil, potable water supplies and livestock water sources. The department shall continue to monitor the downstream levels until they return to pretreatment baseline levels.

C. This article does not apply if the application is both:

To a reservoir, or to a water body for purposes of operating a reservoir or delivering water from a reservoir or system of reservoirs, that has a capacity of at least ten thousand acre feet, or to the Colorado river below and including Lake Mead.
Pursuant to a federally issued incidental take permit pursuant to the federal endangered species act.

Article 6 Livestock Loss Board

§ 17-491 Livestock loss board; members; terms; compensation; annual report

A. The livestock loss board is established to address the depredation of wolves on livestock operations. The livestock loss board consists of the following members:

The director of the Arizona department of agriculture or the director's designee.
The director of the Arizona game and fish department or the director's designee.
Three members who represent the livestock industry, who have knowledge and experience with wildlife impacts and management and who are appointed by the governor pursuant to section 38-211.
Two members who represent wildlife conservation or wildlife management, who have knowledge and experience with livestock production or management and who are appointed by the governor pursuant to section 38-211.
One member who is a livestock auction market owner and who is appointed by the speaker of the house of representatives.
One member who is a faculty member at a university under the jurisdiction of the Arizona board of regents, who has expertise in agricultural and life sciences and who is appointed by the president of the senate.

B. The initial members of the livestock loss board who are appointed pursuant to subsection A, paragraphs 3, 4, 5 and 6 of this section shall assign themselves by lot to terms of two and four years in office. All subsequent members serve four-year terms of office. The chairperson shall notify the governor's office, the president of the senate and the speaker of the house of representatives of these appointments.

C. A majority of the members constitute a quorum.

D. The livestock loss board shall annually elect a chairperson from its members.

E. Members of the livestock loss board are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

F. The livestock loss board shall submit to the governor, the president of the senate and the speaker of the house of representatives on or before December 31 of each year a report of the number of applications for compensation, the total amount of monies provided to landowners, lessees and livestock operators that year and any recommendations. The livestock loss board shall provide a copy of this report to the secretary of state.

§ 17-492 Powers and duties; definition

A. The livestock loss board shall:

Establish and implement procedures to compensate landowners, lessees or livestock operators for wolf depredation on livestock.
Establish requirements for landowners, lessees and livestock operators to report and demonstrate wolf depredation on livestock.
Establish eligibility and application requirements to receive compensation for wolf depredation on livestock.
Determine the compensation rate for each livestock animal depredated by wolves.
Research and develop measures to prevent wolf depredation on livestock.
Establish procedures for landowners, lessees or livestock operators to appeal decisions of the livestock loss board.

B. The livestock loss board may:

Compensate landowners, lessees or livestock operators for wolf depredation on livestock.
Compensate landowners, lessees or livestock operators for implementing avoidance measures to prevent wolf depredation on livestock.
Implement a pay-for-presence program that provides compensation for the landowners, lessees and livestock operators who allow wolves to be present on private property owned or leased by the landowner, lessee or livestock operator and accept potential wolf depredation on livestock. A pay-for-presence program may not provide compensation for the presence of wolves on public lands.
Coordinate with the department in an investigation of wolf depredation on livestock and any corrective measures taken pursuant to section 17-239.
Coordinate with state and federal wildlife agencies to verify wolf depredation on livestock.
Collaborate with federal farm services agencies in this state to promote livestock compensation programs.
Adopt rules pursuant to title 41, chapter 6 as necessary to administer and enforce this section.

C. For the purposes of this section, "avoidance measures" means nonlethal actions taken or education provided by livestock owners to reduce the likelihood of livestock depredation.

§ 17-493 Livestock compensation fund; exemption; definition

A. The livestock compensation fund is established consisting of federal monies, legislative appropriations from the state general fund, public and private grants and private donations received for the purpose of compensating landowners, lessees and livestock operators for the following:

Wolf depredation on livestock.
Participating in a pay-for-presence program implemented by the livestock loss board pursuant to section 17-492.
Implementing avoidance measures to prevent wolf depredation on livestock.

B. The livestock loss board shall administer the livestock compensation fund. Monies in the fund are continuously appropriated. The livestock loss board may accept and spend federal monies, public and private grants, gifts, contributions and devises to assist in carrying out the purposes of this article. These monies do not revert to the state general fund at the end of a fiscal year. Monies in the fund shall be used to supplement, not supplant, monies otherwise appropriated to the department.

C. Monies in the livestock compensation fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

D. For the purposes of this section, "avoidance measures" has the same meaning prescribed in section 17-492.

Article 7 Endangered Species Conservation and Coordination

§ 17-495 Definitions

In this article, unless the context otherwise requires:

"Confidential information" means any data collected about a landowner, species or property location from a private landowner or property owner by a state agency or municipal agency or an entity acting on the agency's behalf.
"Conservation plan" means a species conservation plan that promotes compliance with federal law protecting endangered species, species proposed for listing and candidate species in a manner consistent with this state's economic development and fiscal stability, including candidate conservation agreements, candidate conservation agreements with assurances and habitat conservation plans.
"Endangered species" means any species that is in danger of extinction throughout all or a significant portion of its range and is listed as endangered pursuant to the endangered species act.
"Endangered Species Act" means the endangered species act of 1973 (P.L. 93-205; 87 Stat. 884; 16 United States Code sections 1531 through 1544).
"Property owner" means a person with a fee simple, leasehold or other property interest, including owners of water or other natural resources, or any other entity that may have a property interest, sufficient to carry out species research or management activities, subject to applicable state law, on nonfederal land.
"Research" means scientifically valid data that is collected on a species that is already protected under the endangered species act or potentially subject to federal protection under the endangered species act.
"Species" includes any species or subspecies of fish, wildlife or plants and any distinct population segment of any species of vertebrate fish or wildlife that interbreeds when mature.
"State agency" means any state agency, authority or body that is established and authorized by the legislature.

§ 17-495.01 Property owner confidentiality; disclosure; consent; civil penalty

A. Information collected in the furtherance of the roles, responsibilities and duties of a state agency or an entity acting on the state agency's behalf, from a private landowner, property owner or other participant or potential participant in an endangered species survey or other species research or conservation plan is confidential information and may not be disclosed to any person, including state or federal agencies, if the information relates to the specific location, species identification or quantity of any animal or plant life for which an endangered species survey or other species research or a conservation plan, or both, is under consideration, development or implementation. The state agency shall disclose such information only to the person that provided the information unless the person consents in writing to full or specified partial disclosure of such information.

B. Confidential information about species shall be collected only through a standardized form in which property owners provide express written consent to have their property surveyed or enrolled or potentially subject to enrollment in a conservation plan.

C. A person who violates the property owner confidentiality requirements in this section is subject to a civil penalty of $25,000 for each violation of this section.

Chapter 5 Wildlife Violator Compact

Article 1 Adoption

§ 17-501 Short title

This chapter shall be known and may be cited as "the wildlife violator compact".

§ 17-502 Adoption and text of compact

The wildlife violator compact is adopted and enacted into law as follows:

Article 1

Findings, declaration of policy and purpose

(a) The participating states find that:

(1) Wildlife resources are managed in trust by the respective states for the benefit of all residents and visitors.

(2) The protection of the wildlife resources of a state is materially affected by the degree of compliance with state statutes, laws, regulations, ordinances and administrative rules relating to the management of such resources.

(3) The preservation, protection, management and restoration of wildlife contributes immeasurably to the aesthetic, recreational and economic aspects of such natural resources.

(4) Wildlife resources are valuable without regard to political boundaries; therefore, every person should be required to comply with wildlife preservation, protection, management and restoration laws, ordinances, and administrative rules and regulations of the participating states as a condition precedent to the continuance or issuance of any license to hunt, fish, trap or possess wildlife.

(5) Violation of wildlife laws interferes with the management of wildlife resources and may endanger the safety of persons and property.

(6) The mobility of many wildlife law violators necessitates the maintenance of channels of communication among the various states.

(7) In some states, a person who is cited for a wildlife violation in a state other than his home state:

(i) Is required to post collateral or a bond to secure appearance for a trial at a later date; or

(ii) Is taken into custody until the collateral or bond is posted; or

(iii) Is taken directly to court for an immediate appearance.

(8) The purpose of the enforcement practices set forth in paragraph (7) of this article is to ensure compliance with the terms of a wildlife citation by the cited person who, if permitted to continue on his way after receiving the citation, could return to his home state and disregard his duty under the terms of the citation.

(9) In most instances, a person receiving a wildlife citation in his home state is permitted to accept the citation from the officer at the scene of the violation and immediately continue on his way after agreeing or being instructed to comply with the terms of the citation.

(10) The practices described in paragraph (7) of this article cause unnecessary inconvenience and, at times, a hardship for the person who is unable at the time to post collateral, furnish a bond, stand trial or pay a fine, and thus is compelled to remain in custody until some alternative arrangement is made.

(11) The enforcement practices described in paragraph (7) of this article consume an undue amount of law enforcement time.

(b) It is the policy of the participating states to:

(1) Promote compliance with the statutes, laws, ordinances, regulations and administrative rules relating to management of wildlife resources in their respective states.

(2) Recognize the suspension of wildlife license privileges of any person whose license privileges have been suspended by a participating state and treat such suspension as if it had occurred in their state provided the violation which resulted in the suspension could have been the basis for suspension in their state.

(3) Allow a violator, except as provided in paragraph (b) of article III, to accept a wildlife citation and, without delay, proceed on his way, whether or not a resident of the state in which the citation was issued, provided that the violator's home state is party to this compact.

(4) Report to the appropriate participating state, as provided in the compact manual, any conviction recorded against any person whose home state was not the issuing state.

(5) Allow the home state to recognize and treat convictions recorded against its residents, which convictions occurred in a participating state, as though they had occurred in the home state.

(6) Extend cooperation to its fullest extent among the participating states for enforcing compliance with the terms of a wildlife citation issued in one participating state to a resident of another participating state.

(7) Maximize effective use of law enforcement personnel and information.

(8) Assist court systems in the efficient disposition of wildlife violations.

(1) Provide a means through which a participating state may join in a reciprocal program to effectuate the policies enumerated in paragraph (b) of this article in a uniform and orderly manner.

(2) Provide for the fair and impartial treatment of wildlife violators operating within participating states in recognition of the violator's right to due process and the sovereign status of a participating state.

Article II

Definitions

As used in this compact, unless the context requires otherwise:

(a) "Citation" means any summons, complaint, summons and complaint, ticket, penalty assessment or other official document issued to a person by a wildlife officer or other peace officer for a wildlife violation which contains an order requiring the person to respond.

(b) "Collateral" means any cash or other security deposited to secure an appearance for trial in connection with the issuance by a wildlife officer or other peace officer of a citation for a wildlife violation.

(c) "Compliance" with respect to a citation means the act of answering a citation through an appearance in a court or tribunal, or through the payment of fines, costs and surcharges, if any.

(d) "Conviction" means a conviction, including any court conviction, for any offense related to the preservation, protection, management or restoration of wildlife which is prohibited by state statute, law, regulation, ordinance or administrative rule, and such conviction shall also include the forfeiture of any bail, bond or other security deposited to secure appearance by a person charged with having committed any such offense, the payment of a penalty assessment, a plea of nolo contendere and the imposition of a deferred or suspended sentence by the court.

(e) "Court" means a court of law, including magistrate's court and the justice of the peace court.

(f) "Home state" means the state of primary residence of a person.

(g) "Issuing state" means the participating state which issues a wildlife citation to the violator.

(h) "License" means any license, permit or other public document which conveys to the person to whom it was issued the privilege of pursuing, possessing or taking any wildlife regulated by statute, law, regulation, ordinance or administrative rule of a participating state.

(i) "Licensing authority" means the department or division within each participating state which is authorized by law to issue or approve licenses or permits to hunt, fish, trap or possess wildlife.

(j) "Participating state" means any state which enacts legislation to become a member of this wildlife compact.

(k) "Personal recognizance" means an agreement by a person made at the time of issuance of the wildlife citation that such person will comply with the terms of the citation.

(l) "State" means any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the provinces of Canada and other countries.

(m) "Suspension" means any revocation, denial or withdrawal of any or all license privileges, including the privilege to apply for, purchase or exercise the benefits conferred by any license.

(n) "Terms of the citation" means those conditions and options expressly stated upon the citation.

(o) "Wildlife" means all species of animals including, but not limited to, mammals, birds, fish, reptiles, amphibians, mollusks and crustaceans, which are defined as "wildlife" and are protected or otherwise regulated by statute, law, regulation, ordinance or administrative rule in a participating state. Species included in the definition of "wildlife" vary from state to state and determination of whether a species is "wildlife" for the purposes of this compact shall be based on local law.

(p) "Wildlife law" means any statute, law, regulation, ordinance or administrative rule developed and enacted for the management of wildlife resources and the uses thereof.

(q) "Wildlife officer" means any individual authorized by a participating state to issue a citation for a wildlife violation.

(r) "Wildlife violation" means any cited violation of a statute, law, regulation, ordinance or administrative rule developed and enacted for the management of wildlife resources and the uses thereof.

Article III

Procedures for issuing state

(a) When issuing a citation for a wildlife violation, a wildlife officer shall issue a citation to any person whose primary residence is in a participating state in the same manner as though the person were a resident of the issuing state and shall not require such person to post collateral to secure appearance, subject to the exception noted in paragraph (b) of this article, if the officer receives the recognizance of such person that he will comply with the terms of the citation.

(b) Personal recognizance is acceptable (1) if not prohibited by local law or the compact manual and (2) if the violator provides adequate proof of identification to the wildlife officer.

(c) Upon conviction or failure of a person to comply with the terms of a wildlife citation, the appropriate official shall report the conviction or failure to comply to the licensing authority of the participating state in which the wildlife citation was issued. The report shall be made in accordance with procedures specified by the issuing state.

(d) Upon receipt of the report of conviction or noncompliance pursuant to paragraph (c) of this article, the licensing authority of the issuing state shall transmit to the licensing authority of the home state of the violator the information in form and content as prescribed in the compact manual.

Article IV

Procedure for home state

(a) Upon receipt of a report from the licensing authority of the issuing state reporting the failure of a violator to comply with the terms of a citation, the licensing authority of the home state shall notify the violator and shall initiate a suspension action in accordance with the home state's suspension procedures and shall suspend the violator's license privileges until satisfactory evidence of compliance with the terms of the wildlife citation has been furnished by the issuing state to the home state licensing authority. Due process safeguards will be accorded.

(b) Upon receipt of a report of conviction from the licensing authority of the issuing state, the licensing authority of the home state shall enter such conviction in its records and shall treat such conviction as though it occurred in the home state for the purposes of the suspension of license privileges.

(c) The licensing authority of the home state shall maintain a record of actions taken and shall make reports to issuing states.

Article V

Reciprocal recognition of suspension

(a) All participating states shall recognize the suspension of license privileges of any person by any participating state as though the violation resulting in the suspension had occurred in their state and could have been the basis for suspension of license privileges in their state.

(b) Each participating state shall communicate suspension information to other participating states in form and content as contained in the compact manual.

Article VI

Applicability of other Laws

(a) Except as expressly required by provisions of this compact, nothing herein shall be construed to affect the right of any participating state to apply any of its laws relating to license privileges to any person or circumstance or to invalidate or prevent any agreement or other cooperative arrangement between a participating state and a nonparticipating state concerning wildlife law enforcement.

Article VII

Compact administrator procedures

(a) For the purpose of administering the provisions of this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of compact administrators is established. The board shall be composed of one representative from each of the participating states to be known as the compact administrator. The compact administrator shall be appointed by the head of the licensing authority of each participating state and shall serve and be subject to removal in accordance with the laws of the state he represents. A compact administrator may provide for the discharge of his duties and the performance of his function as a board member by an alternate. An alternate shall not be entitled to serve unless written notification of his identity has been given to the board.

(b) Each member of the board of compact administrators shall be entitled to one vote. No action of the board shall be binding unless taken at a meeting at which a majority of the total number of the board's votes are cast in favor thereof. Action by the board shall be only at a meeting at which a majority of the participating states are represented.

(d) The board shall adopt bylaws not inconsistent with the provisions of this compact or the laws of a participating state for the conduct of its business and shall have the power to amend and rescind its bylaws.

(e) The board may accept for any of its purposes and functions under this compact any and all donations and grants of monies, equipment, supplies, materials and services conditional or otherwise, from any state, the United States or any governmental agency, and may receive, utilize and dispose of same.

(f) The board may contract with, or accept services or personnel from, any governmental or intergovernmental agency, individual, firm or corporation, or any private nonprofit organization or institution.

(g) The board shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted pursuant to board action shall be contained in a compact manual.

Article VIII

Entry into compact and withdrawal

(a) This compact shall become effective at such time as it is adopted in a substantially similar form by two or more states.

(b) (1) Entry into the compact shall be made by resolution of ratification executed by the authorized officials of the applying state and submitted to the chairman of the board.

(2) The resolution shall substantially be in the form and content as provided in the compact manual and shall include the following:

(i) A citation of the authority from which the state is empowered to become a party to this compact;

(ii) An agreement of compliance with the terms and provisions of this compact;

(3) The effective date of entry shall be specified by the applying state but shall not be less than sixty days after notice has been given (a) by the chairman of the board of the compact administrators or (b) by the secretary of the board to each participating state that the resolution from the applying state has been received.

(c) A participating state may withdraw from participation in this compact by official written notice to each participating state, but withdrawal shall not become effective until ninety days after the notice of withdrawal is given. The notice shall be directed to the compact administrator of each member state. No withdrawal of any state shall affect the validity of this compact as to the remaining participating states.

Article IX

Amendments to the compact

(a) This compact may be amended from time to time. Amendments shall be presented in resolution form to the chairman of the board of compact administrators and shall be initiated by one or more participating states.

(b) Adoption of an amendment shall require endorsement by all participating states and shall become effective thirty days after the date of the last endorsement.

Article X

Construction and severability

This compact shall be liberally construed so as to effectuate the purposes stated herein. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States, or the applicability thereof to any government, agency, individual or circumstance is held invalid, the validity of the remainder of this compact shall not be affected thereby. If this compact shall be held contrary to the constitution of any participating state, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the participating state affected as to all severable matters.

Article XI

Title

This compact shall be known as the "wildlife violator compact".

§ 17-503 Administration; expenses

A. The department is designated as the licensing authority in this state for purposes of the compact. The director shall furnish to the appropriate authorities of the participating states any information or documents reasonably necessary to facilitate the administration of the compact.

B. The compact administrator from this state is not entitled to any additional compensation for his service as such but is eligible for reimbursement for expenses incurred in connection with his responsibilities as administrator in the same manner as expenses incurred in connection with other responsibilities of his office or employment.

Chapter 6 Shooting Ranges

Article 1 Outdoor Shooting Range Noise Standards

§ 17-601 Definition of outdoor shooting range

In this article, unless the context otherwise requires, "outdoor shooting range" or "range" means a permanently located and improved area that is designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or any other similar sport shooting in an outdoor environment. Outdoor shooting range does not include:

Any area for the exclusive use of archery or air guns.
A totally enclosed facility that is designed to offer a totally controlled shooting environment that includes impenetrable walls, floor and ceiling, adequate ventilation, lighting systems and acoustical treatment for sound attenuation suitable for the range's approved use.
Any area that is used for shooting on a private lot or parcel of land that is not open to the public on a commercial or membership basis.

§ 17-602 State outdoor shooting range noise standards; preemption; measurement; definitions

A. The legislature finds that outdoor shooting range noise standards are a matter of statewide concern. City, town, county and any other state noise standards are preempted as applied to outdoor shooting ranges.

B. Each outdoor shooting range in this state shall measure the noise emitted from the range pursuant to subsection E at least once. In addition, the range shall measure the noise it emits if the range expands the area designed and operated for the use of firearms or explosives by more than twenty per cent in size than at the time of its initial noise measurement or if the range introduces the use of a type of firearm or explosive device that will increase noise production. The range shall pay for the measurement and shall keep the results of the measurement at the range at all times. Any person may review the noise measurement during the range's business hours. Ranges that are located at least one mile from areas that are zoned for residences, schools, hotels, motels, hospitals or churches are exempt from this subsection.

C. Any person, at the person's expense, may measure the noise emitted from an outdoor shooting range pursuant to subsection E.

D. The noise emitted from an outdoor shooting range shall not exceed an Leq(h) of sixty-four DBA.

E. In measuring the noise emitted from an outdoor shooting range:

If a range performs the measurement of noise pursuant to subsection B, sound pressure measurements shall be taken twenty feet from the nearest occupied residence, school, hotel, motel, hospital or church, or from the nearest proposed location of a residence, school, hotel, motel, hospital or church if the property is zoned for such a structure but is currently unimproved. If a person performs the measurement of noise pursuant to subsection C, sound pressure measurements shall be taken twenty feet from the person's residence, school, hotel, motel, hospital or church, or twenty feet from the proposed location of the person's residence, school, hotel, motel, hospital or church if the property is zoned for such a structure but is currently unimproved.
Sound pressure measurements shall be made in a location directly between the range and the nearest existing or proposed residence, school, hotel, motel, hospital or church. If there are natural or artificial obstructions that prevent an accurate noise measurement, the measurement may be taken within an additional twenty feet radius from the initial measurement location.
Sound pressure measurements shall be made on the A-weighted fast response mode scale. Measurements shall be taken during the noisiest hour of peak use during the operation of the range. Measurements shall be taken according to American national standards institute's standard methods ANSI S1.2-1962 (R1976) American national standard method for physical measurement of sound and ANSI S1.2-1971 (R1976) American national standard method for measuring sound pressure levels. Measurements shall be taken using a type 1 sound meter meeting the requirements of ANSI S1.4L-1971. Any part of the measurements conducted on a range shall comply with the range safety rules.

F. Outdoor shooting ranges in operation on July 1, 2002 shall comply with the provisions of this section before July 1, 2003. Ranges not in operation on July 1, 2002 shall comply with the provisions of this section when they begin operation.

G. Subsection B does not apply to an outdoor shooting range that is built for military or armed nuclear security guard training and that is not open to the general public.

H. For the purposes of this section:

"A-weighted" means a frequency weighting network used to account for changes in sensitivity as a function of frequency.
"DBA" means A-weighted decibels, taking into account human response to sound energy in different frequency bands.
"Decibel" means the unit of measure for sound pressure denoting the ratio between two quantities that are proportional to power. The number of decibels is ten times the base ten logarithm of this ratio.
"Leq(h)" means the equivalent energy level that is the steady state level that contains the same amount of sound energy as a time varying sound level for a sixty minute time period.

§ 17-603 Preexisting outdoor shooting ranges; noise buffering or attenuation

A. If an outdoor shooting range was constructed before July 1, 2002 in compliance with existing applicable county or municipal ordinances and zoning requirements and if property located within one mile of the exterior property boundary of the range is rezoned after July 1, 2002 for residential use or any other use that includes a school, hotel, motel, hospital or church, the zoning authority must provide for noise buffers or attenuation devices that are either:

Within the new development as a condition for developing the property or as supplied by the zoning authority.
Supplied or funded by the zoning authority for location in the range.

B. Property owners, developers, zoning authorities and ranges may negotiate and provide for noise buffers or attenuation devices located on or off the range.

C. Any noise buffering or attenuation under this section must comply with the state noise standards prescribed by section 17-602.

§ 17-604 Nighttime outdoor shooting range operations

A. Outdoor shooting ranges that are located in areas that are zoned for residential use or any other use that includes a school, hotel, motel, hospital or church shall not operate from 10:00 p.m. through 7:00 a.m.

B. This section does not apply to any outdoor shooting range while it is providing law enforcement, military or armed nuclear security guard training. These ranges must provide adequate public notice including posting in four public locations within one mile of the exterior boundaries of the range each calendar quarter of the schedule of when the range will operate from 10:00 p.m. through 7:00 a.m. and the purpose for those nighttime operations. Nighttime operations under this subsection must comply with the nighttime noise standards prescribed by section 17-602.

§ 17-605 Noise pollution; nuisance; defense; costs

A. It is an affirmative defense to any civil liability or claim for equitable relief arising from any allegation regarding noise or noise pollution that results from owning, operating or using an outdoor shooting range if the entity or individual owning, operating or using the range complies with this article.

B. In any action where a defense has been raised pursuant to subsection A, the court shall award the prevailing party its costs and all expenses, including the party's costs incurred in measuring noise emitted from the range and reasonable attorney fees.

Article 2 Disclosure of Proximity to Shooting Range

§ 17-621 Recording proximity to shooting range; definition

A. A city with a population of more than one million persons shall execute and record in the office of the county recorder a document relating to real property located within one-half mile of the exterior boundaries of any shooting range that is owned by this state and that is located within or adjacent to the exterior municipal boundaries on or before January 1, 2004. The city attorney shall prepare the document in recordable form. The document must be on eight and one-half inch by eleven inch paper containing the following information in twelve point type:

A legal description of the property within one-half mile of the exterior boundaries of the shooting range. To assist in identifying that property, the game and fish commission shall submit the legal description of the shooting range to the city attorney.
The following disclosure:

This property is located within one-half mile of the exterior boundaries of a shooting range and may be subject to:

Increased noise.
Restrictions on the use of the property under the city's general plan and zoning ordinances.

B. The game and fish commission shall not close a shooting range described in this section unless all of the following occur:

The director of the department recommends the closure in writing.
The commission issues a report detailing the basis for the recommendation.
The commission unanimously approves the closure after public hearings have been held to discuss the closure in the three counties with the highest population.
The joint committee on capital review reviews the closure recommendation.
The governor approves the closure in an executive order.

C. For the purposes of this section, "shooting range" means a permanently located and improved area that is designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or any other similar sport shooting in an outdoor environment. Shooting range does not include:

Any area for the exclusive use of archery or air guns.
An enclosed indoor facility that is designed to offer a totally controlled shooting environment and that includes impenetrable walls, floor and ceiling, adequate ventilation, lighting systems and acoustical treatment for sound attenuation suitable for the range's approved use.
A national guard facility located in a city or town with a population of more than one million persons.
A facility that was not owned by this state before January 1, 2002.