Current through Register Vol. 30, No. 38, September 20, 2024
A. An aquatic wildlife stocking or restocking
license allows a person to import, possess, purchase, stock, and transport any
restricted species designated on the license at the location specified on the
license.
B. The aquatic wildlife
stocking or restocking license is valid for no more than 20 consecutive days,
except that an aquatic wildlife stocking or restocking license is valid for one
calendar year when issued to a political subdivision of the state for the
purpose of vector control.
C. In
addition to the requirements established under this Section, an aquatic
wildlife stocking or restocking license holder shall comply with the special
license requirements established under R12-4-409.
D. The aquatic wildlife stocking and
restocking license holder shall be responsible for compliance with all
applicable regulatory requirements. The licenses do not:
1. Exempt the license holder from any
municipal, county, state, or federal codes, ordinances, statutes, rules, or
regulations; or
2. Authorize the
license holder to engage in authorized activities using federally-protected
wildlife, unless 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.
E. The
Department shall deny an aquatic wildlife stocking or restocking license to a
person who fails to meet the requirements established under R12-4-409 or this
Section. The Department shall provide the written notice established under
R12-4-409(F)(4) 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. In addition to the requirements and criteria established
under R12-4-409(F)(1) through (4), the Department shall deny an aquatic
wildlife stocking license when:
1. The
Department determines that issuance of the license will result in a negative
impact to native wildlife; or
2.
The applicant proposes to use aquatic wildlife that is not compatible with, or
poses a threat to, any wildlife within the river drainage or the area where the
stocking is to occur.
F.
An applicant for an aquatic wildlife stocking or restocking license shall
submit an application to the Department. A separate application is required for
each location where the applicant proposes to use wildlife. The application is
furnished by the Department and is available at any Department office and the
Department's website. An applicant shall provide the following on the
application:
1. The applicant's information:
a. Name;
b. Mailing address; and
c. Department ID number, when
applicable;
2. When the
applicant proposes to use the aquatic wildlife for a commercial purpose the
applicant's business:
a. Name;
b. Mailing address; and
c. Telephone
number;
3. Aquatic
wildlife species information:
a. Common name
of the aquatic wildlife species;
b.
Number of animals for each species; and
c. Approximate size of the aquatic wildlife
that will be used under the license;
4. The purpose for introducing the aquatic
wildlife species;
5. For each
location where the aquatic wildlife will be stocked, the owner's:
a. Name;
b. Mailing address;
c. Telephone number; and
d. Physical address or general location of
the stocking site, to include river drainage and the Global Positioning System
location;
6. A detailed
description or diagram of the facilities where the applicant will stock the
aquatic wildlife, which includes:
a. Size of
waterbody proposed for stocking aquatic wildlife;
b. Nearest river, stream, or other freshwater
system;
c. Points where water
enters each waterbody, when applicable;
d. Points where water leaves each waterbody,
when applicable; and
e. Location of
fish containment barriers;
7. For each supplier from whom the applicant
will obtain aquatic wildlife, the supplier's:
a. Name;
b. Mailing address; and
c. Telephone
number;
8. The dates on
which the person will stock aquatic wildlife;
9. Any other information required by the
Department; and
10. The
certification required under R12-4-409(C).
G. In addition to the requirements listed
under subsection (F), when an applicant wishes to stock an aquatic species in
an area where that species has not yet been introduced, is not currently
established, or there is potential for conflict with Department efforts to
conserve wildlife, the applicant shall also submit a written proposal to the
Department at the time of application. The written proposal shall contain all
of the following information:
1. Anticipated
benefits resulting from the introduction of the aquatic live wildlife
species;
2. Potential adverse
economic impacts;
3. Potential
dangers the introduced aquatic species may possibly create for native aquatic
species and game fish, to include all of the following:
a. Determination of whether or not the
introduced aquatic species is compatible with native aquatic species or game
fish;
b. Potential ecological
problems created by the introduced aquatic species;
c. Anticipated hybridization concerns with
introducing the aquatic species; and,
d. Future plans designed to evaluate the
status and impact of the species after it is introduced.
4. Assessment of probable impacts to
sensitive species in the area using the list generated by the Department's
Online Environmental Review Tool, which is available the Department's website.
The proposal must address each species listed.
H. An application for an aquatic restocking
license is considered to be a renewal of the license when there are no changes
to the:
1. Aquatic wildlife species,
2. The purpose for introducing the aquatic
wildlife species, and
3. The
facilities where the applicant stocked the aquatic wildlife.
I. An applicant for an aquatic wildlife stocking or
restocking license shall pay all applicable fees required under R12-4-412.
J. An aquatic wildlife stocking or restocking license
holder shall:
1. Comply with all additional
stipulations placed on the license by the Department, as authorized under
R12-4-409(H).
2. Obtain all aquatic
wildlife, live eggs, fertilized eggs, and milt from a licensed fish farm
operator or a private noncommercial fish pond certified to be free of diseases
and causative agents through the following actions:
a. An inspection shall be performed by a
qualified fish health inspector or fish pathologist at the fish farm or pond
where the aquatic wildlife or biological material is held before it is shipped
to the license holder.
b. The
inspection shall be conducted no more than 12 months prior to the date on which
the aquatic wildlife or biological material is shipped to the license holder.
The Department may require additional inspections at any time prior to
stocking.
c. The applicant shall
submit a copy of the certification to the Department prior to conducting any
stocking activities.
3.
Maintain records associated with the license for a period of five years
following the date of disposition.
4. Allow the Department
to conduct inspections of an applicant's or license holder's facility and
records 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.
5.
Possess the license or legible copy of the license while conducting any
activities authorized under the aquatic stocking license and presents it for
inspection upon the request of any Department employee or agent.
6.
Dispose of wildlife only as authorized under this Section or as directed in
writing by the Department.
K. An aquatic wildlife
stocking or restocking license holder shall comply with the requirements
established under R12-4-409.
