Current through Register Vol. 30, No. 38, September 20, 2024
A. A person shall not administer any drug to
any wildlife under the jurisdiction of the state, including but not limited to
drugs used for fertility control, disease prevention or treatment,
immobilization, or growth stimulation without written authorization from the
Department or as otherwise provided under subsection (E). This authorization
does not:
1. Exempt a person from any state or
federal statute, rule, or regulation, or any municipal or county code or
ordinance; or
2. Authorize a person
to engage in any activity using federally protected
wildlife.
B. A person
requesting written authorization for the use of drugs on wildlife shall submit
the request in writing to the Department at 5000 W. Carefree Highway, Phoenix,
AZ 85086 and at least 120 days before the anticipated start date of the
activity. The written request shall include all of the following:
1. A plan that includes:
a. The purpose and need for the proposed
activity;
b. A clear statement of
the objectives; for fertility control the statement shall include the target
wildlife population goals or densities and the anticipated time-frame for
meeting these objectives;
c. A
description of the agent, drug, or method and any mandated labeling
restrictions or limitations designed to reduce or minimize detrimental effects
to wildlife and humans;
d. Citations of published scientific literature
documenting field studies on the efficacy and safety for both target and
non-target species, including predators, scavengers, and humans;
e. A
description of the activity area;
f. A description of the
target species population and current status;
g. A description of the
field methodology for delivery that includes the following, as applicable:
i. Timing,
ii. Sex and number of animals to be treated,
iii. Percentage of the population
to be treated,
iv. Calculated
population effect, and
v. Short and
long term monitoring and evaluation procedures.
2. Documentation regarding the experience and
credentials of the applicant or the applicant's agents as it applies to the
requested activity;
3. Written permission
from landowners or lessees in all locations where the drug will be
administered; and
4. Written
endorsement from the agency or institution; required when the applicant is a
government agency, university, or other institution. The person signing the
written endorsement shall have the authority to execute the written endorsement
on behalf of the agency or institution.
C. The Department shall notify the applicant
of the Department's decision to grant or deny the request within 90 days. The
Department has the authority to place conditions on the written authorization
regarding:
1. Locations and
time-frames,
2. Drugs and
methodology,
3.
Limitations,
4. Reporting
requirements, and
5. Any other
conditions deemed necessary by the Department.
D. A person with authorization shall:
1. Carry written authorization while engaged
in the activity and exhibit it upon request to any peace officer, wildlife
manager, or game ranger;
2. Allow
Department personnel to be present to monitor activities for compliance, public
safety, and proper treatment of animals;
3. Adhere to all drug label restrictions and
precautions;
4. Provide an annual
and final report:
a. The annual report shall
include the number of animals treated, the level of treatment effect obtained
to date, and any problems including mortalities or morbidities of target
animals. The person shall submit the annual report to the Department by January
31 of each year or as otherwise specified in the written
authorization.
b. The final report
shall include the end results, including the number of wildlife treated and
treatment effects on target and non-target wildlife, including mortalities,
morbidities, and reproductive rate changes. The person shall submit the final
report to the Department no later than 90 days after the completion of the
project for which the permit was issued.
5. Comply with all conditions and
requirements set forth in the written authorization.
E. This Section does not prohibit the
treatment of wildlife by a licensed veterinarian or holder of a special license
in accordance with
R12-4-407(B)(2)
and (8),
R12-4-413(K)(5),
R12-4-420(J)(3),
activities as authorized under
R12-4-418,
R12-4-420,
R12-4-421,
and
R12-4-423,
a person exempt from special licensing under
R12-4-407(A)(4)
and (5), or reasonable lethal removal
activities for wildlife control as authorized under A.R.S. §
17-239(A).
F. This Section does not limit:
1. Department employees or Department agents
in the performance of their official duties related to wildlife
management,
2. The practices of
aquaculture facilities administered by the U.S. Fish and Wildlife Service, and
commercial aquaculture facilities operating under a valid license from the
Arizona Department of Agriculture, or
3. The use of supplements or drugs as a part
of conventional livestock operations where those supplements may incidentally
be consumed by wildlife.
G. The Department shall take possession of
and dispose of any remaining wildlife drugs administered in violation of this
Section and any devices and paraphernalia used to administer those drugs as
authorized under A.R.S. §§
17-211(E),
17-231(A),
and
17-240(B).
H. Require the person with authorization to
indemnify the Department against any injury or damage resulting from the use of
animal drugs.
