Current through Register Vol. 30, No. 38, September 20, 2024
A. A special license is required when a
person intends to conduct any activity using restricted live wildlife. Special
licenses are listed as follows:
1. Aquatic
wildlife stocking license, established under R12-4-410;
2. Game bird license, established under
R12-4-414;
3. Live bait dealer's
license, established under R12-4-411;
4. Private game farm license, established
under R12-4-413;
5. Scientific
activity license, established under R12-4-418;
6. Sport falconry license, established under
R12-4-422;
7. White amur stocking
and restocking license, established under R12-4-424;
8. Wildlife holding license, established
under R12-4-417;
9. Wildlife
rehabilitation license, established under R12-4-423;
10. Wildlife service license, established
under R12-4-421; and
11. Zoo
license, established under R12-4-420.
B. An applicant for a special license listed
under subsection (A) shall:
1. Submit an application to the Department meeting the
specific application requirements established under the applicable governing
Section.
a. Applications for special licenses are furnished by
the Department and are available at any Department office and on the
Department's website.
b. An application is
required upon initial application for a special license and when renewing a
special license. A renewal application is appropriate where there are no
changes to the:
i. Licensed facility
location,
ii. Species of wildlife
held under the special license, or
iii. Staff conducting the wildlife activities
under the license.
2. Be at least 18 years of age, unless
applying for a Game Bird Field Training or Sport Falconry license.
3. Pay
all applicable fees required under R12-4-412.
C. At the time of application, the person
shall certify:
1. The information provided on
the application is true and correct to the applicant's knowledge;
2. The applicant shall comply with any
municipal, county, state or federal code, ordinance, statute, regulation, or
rule applicable to the license held; and
3. The applicant's live wildlife privileges
are not currently suspended or revoked in this state, any other state or
territory, or by the United States.
D. A special license obtained by fraud or
misrepresentation is invalid from the date of issuance.
E. The Department shall either grant or deny
a special license within the applicable overall time-frame established for that
special license under R12-4-106.
F.
In addition to the criteria prescribed under the applicable governing Section,
the Department shall deny a special license when:
1. When it is in the best interest of public
health or safety or the welfare of the wildlife;
2. The applicant's live
wildlife privileges are revoked or suspended in this state, any other state, or
by the United States;
3. The applicant was convicted of illegally holding or
possessing live wildlife within five years preceding the date of application
for the special license;
4. The applicant
knowingly provides false information on an application;
5. The
person fails to meet the requirements established under the applicable
governing Section or this Section. The Department shall provide a written
notice to the applicant stating the reason for the denial. The person may
appeal the denial to the Commission as prescribed under A.R.S. Title 41,
Chapter 6, Article 10.
G. A special license holder may only engage
in activities using federally-protected wildlife when the license holder
possesses a valid license, permit, or other form of documentation issued by the
United States authorizing the license holder to use that wildlife in a manner
consistent with the special license. A special license issued by the Department
does not:
1. Exempt the license holder from
any municipal, county, state or federal code, ordinance, statute, regulation,
or rule; or
2. Authorize the
license holder to engage in any activity using wildlife that is protected by
federal regulation.
H.
The Department may place additional stipulations on a special license whenever
it is determined necessary to:
1. Conserve
wildlife populations,
2. Prevent
the introduction and proliferation of wildlife diseases,
3. Prevent wildlife from escaping,
4. Protect public health or safety,
or
5. Ensure humane care and
treatment of wildlife.
I. A special license holder shall keep live
wildlife in a facility according to the captivity standards prescribed under
R12-4-428 and as otherwise required under this Article. The captivity standards
prescribed under R12-4-428 are not applicable to a special license holder
licensed under R12-4-410, R12-4-411, R12-4-422, and R12-4-424.
J. A special license holder shall keep records in
compliance with the requirements established under the governing Section for a
period of at least five years and shall make the records available for
inspection to the Department upon request.
K. The Department may
conduct an inspection of an applicant's or license holder's facility at any
time before or during the license period to determine compliance with the
requirements of this Article. The Department shall comply with A.R.S. §
41-1009
when conducting inspections at a license holder's facility.
L.
Upon determining a disease or other emergency condition exists that poses an
immediate threat to the public or the welfare of any wildlife, the Department
may immediately order a cessation of operations under the special license and,
if necessary, order the humane disposition or quarantine of any exposed,
contaminated or affected wildlife.
1. When
directed by the Department, a special license holder shall:
a. Perform disease testing,
b. Submit biological samples to the
Department or its designee,
c.
Surrender the wildlife to the Department;
d. Quarantine the wildlife, or
e. Humanely euthanize the wildlife.
2. The license holder shall:
a. Ensure any disease or other emergency
condition under this subsection is diagnosed by a person professionally
certified to make the diagnosis.
b.
Be responsible for all costs associated with the testing and treatment of the
contaminated and affected wildlife.
M. If
a condition exists, including disease or any violation of this Article, that
poses a threat to the public or the welfare of any wildlife, but the threat
does not constitute an emergency, the Department may issue a written notice of
the condition to the special license holder specifying a reasonable period of
time for the license holder to remedy the noticed condition. The notice of
condition shall be delivered to the special license holder by certified mail or
personal service.
Failure of the license
holder to remedy the noticed condition within the time specified by the
Department is a violation under subsection (N).
N. A
special license holder shall not:
1. Violate
any provision of the governing Section or this Section;
2. Violate any provision of the special
license that the person possesses, including any stipulations specified on the
special license;
3. Violate A.R.S.
§
13-2908,
relating to criminal nuisance;
4.
Violate A.R.S. §
13-2910,
relating to cruelty to animals; or
5. Refuse to allow the inspection of
facilities, wildlife, or required records.
O. The
Department may take one or more of the following actions when a special license
holder is convicted of a criminal offense involving cruelty to animals,
violates subsection (N), or fails to comply with any requirement established
under the governing Section or this Section:
1. File criminal charges,
2. Suspend or revoke a special
license,
3. Humanely dispose of the
wildlife,
4. Seize or seize in
place any wildlife held under a special license.
5. A person may appeal to the Commission any
Department action listed under this subsection as prescribed under A.R.S. Title
41, Chapter 6, Article 10, except the filing of criminal charges.
P. A special license holder who wishes to continue
conducting activities authorized under the special license shall submit a
renewal application to the Department on or before the special license
expiration date.
1. The current license will
remain valid until the Department grants or denies the new special
license.
2. If the Department
denies the renewal application and the license holder appeals the denial to the
Commission as prescribed under subsection (F)(4), the license holder may
continue to hold the wildlife until:
a. The
date on which the Commission makes its final decision on the appeal,
or
b. The final date on which a
person may request judicial review of the decision.
3. A special license holder who fails to
submit a renewal application to the Department before the date the license
expires, cannot lawfully possess any live wildlife currently possessed under
the license.
Q. A
special license holder who no longer wishes to continue conducting activities
authorized under the special license shall notify the Department in writing of
this decision no less than 30 days prior to ceasing wildlife related
activities. This notice shall include the proposed disposition of all wildlife
held under the special license.
R.
If required by the governing Section, a special license holder shall submit an
annual report to the Department before January 31 of each year for the previous
calendar year. The report form is furnished by the Department.
1. A report is required regardless of whether
or not activities were performed during the previous year.
2. The special license becomes invalid if the
special license holder fails to submit the annual report by January 31 of each
year.
3. The Department will not
process the special license holder's renewal application until the annual
report is received by the Department.
4. When the license holder is acting as a
representative of an institution, organization, or agency for the purposes of
the special license, the license holder shall submit the report required under
subsection this Section:
a. By January 31 of
each year the license holder is affiliated with the institution, organization,
or agency; or
b. Within 30 days of
the date of termination of the license holder's affiliation with the
institution, organization, or agency.
