Current through Register Vol. 30, No. 38, September 20, 2024
A. For the purposes
of this Section, "healthcare provider" means a person who is licensed to
practice by the federal government, any state, or U.S. territory with one of
the following credentials:
1. Medical
Doctor,
2. Doctor of
Osteopathy,
3. Doctor of
Chiropractic,
4. Nurse
Practitioner, or
5. Physician
Assistant.
B. When
authorized under
R12-4-304 as lawful for the
species hunted:
1. A person who possesses a
valid crossbow permit may use any of the following during an archery-only
season as prescribed under
R12-4-318:
a. A crossbow, as defined under
R12-4-101, using a single
bowstring, capable of firing only a single arrow or bolt with each loading and
cocking action; or
b. Any bow to be
drawn and held with an assisting device.
2. A person who possesses both a valid
crossbow permit and CHAMP, issued under R12-4-217, may use any of the following
during an archery-only season as prescribed under
R12-4-318:
a. A crossbow, as defined under
R12-4-101, using a single
bowstring, capable of firing only a single arrow or bolt with each loading and
cocking action;
b. Any bow to be
drawn and held with an assisting device; or
c. Pre-charged pneumatic weapon, as defined
under R12-4-301, using arrows or bolts
and capable of firing only a single arrow or bolt at a
time.
C. The
crossbow permit does not exempt the permit holder from any other applicable
method of take or licensing requirement. The permit holder shall be responsible
for compliance with all applicable regulatory requirements.
D. The crossbow permit does not expire,
unless:
1. The medical certification portion
of the application indicates the person has a temporary physical disability;
then the crossbow permit shall be valid for a period of one year from the date
the medical certification portion of the application was signed by the
healthcare provider,
2. The permit
holder no longer meets the criteria for obtaining the crossbow permit,
or
3. The Commission revokes the
person's hunting privileges under A.R.S. §
17-340. A person whose crossbow
permit is revoked by the Commission may petition the Commission for a rehearing
as established under
R12-4-607.
E. An applicant for a crossbow permit shall
apply by submitting an application to the Department. The application form is
furnished by the Department and is available at any Department office and
online at www.azgfd.gov. A crossbow
permit applicant shall provide all of the following information on the
application:
1. The applicant's:
a. Name;
b. Date of birth;
c. Physical description, to include the
applicant's eye color, hair color, height, and weight;
d. Department identification number, when
applicable;
e. Residency
status;
f. Mailing address, when
applicable;
g. Physical
address;
h. Telephone number, when
available; and
i. E-mail address,
when available;
2.
Affirmation that:
a. The applicant meets the
requirements of this Section, and
b. The information provided on the
application is true and accurate, and
3. Applicant's signature and date.
4. The certification portion of the
application shall be completed by a healthcare provider. The healthcare
provider shall:
a. Certify the applicant has
one or more of the following physical limitations:
i. An amputation involving body extremities
required for stable function to use conventional archery equipment;
ii. A spinal cord injury resulting in a
disability to the lower extremities, leaving the applicant non
ambulatory;
iii. A wheelchair
restriction;
iv. A neuromuscular
condition that prevents the applicant from drawing and holding a bow;
v. A failed manual muscle test involving the
grading of shoulder and elbow flexion and extension or an impaired
range-of-motion test involving the shoulder or elbow; or
vi. A combination of comparable physical
disabilities resulting in the applicant's inability to draw and hold a
bow;
vii. A failed functional draw
test that equals 30 pounds of resistance and involves holding it for four
seconds. The functional draw test may not be used to determine eligibility for
the permit when it is not associated with a disability.
b. Indicate whether the disability is
temporary or permanent and, when temporary, specify the expected duration of
the physical limitation; and
c.
Provide the healthcare provider's:
i. Typed or
printed name,
ii. License
number,
iii. Business
address,
iv. Telephone number,
and
v. Signature and
date;
5. A
person who holds a valid Challenged Hunter Access/Mobility Permit (CHAMP) and
who is applying for a crossbow permit is exempt from the requirements of
subsection (E)(4) and shall indicate "CHAMP" in the space provided for the
medical certification on the crossbow permit application.
F. In addition to the requirements listed
above, at the time of application an applicant who is applying for a crossbow
permit shall pay the applicable fee required under
R12-4-102.
G. All information and documentation provided
by the applicant is subject to Department verification.
H. The Department shall deny a crossbow
permit when the applicant:
1. Fails to meet
the criteria prescribed under this Section,
2. Fails to comply with the requirements of
this Section, or
3. Provides false
information during the application process.
I. The Department shall provide written
notice to the applicant stating the reason for the denial. The applicant may
appeal the denial to the Commission as prescribed under A.R.S. Title 41,
Chapter 6, Article 10.
J. The
applicant claiming a temporary or permanent disability is responsible for all
costs associated with obtaining the medical documentation, re-evaluation of the
information, or a second medical opinion.
K. When acting under the authority of a
crossbow permit, the crossbow permit holder shall possess the permit, and
exhibit the permit upon request to any peace officer, including wildlife
managers and game rangers.
L. A
crossbow permit holder shall not:
1. Transfer
the permit to another person, or
2.
Allow another person to use or possess the permit.
