Current through Register Vol. 30, No. 38, September 20, 2024
A. A
live bait dealer's license allows a person to perform any of the following
activities using the aquatic live wildlife listed under subsection (B): exhibit
for sale, export, import, kill, offer for sale, possess, purchase, sell, trade,
or transport.
B. A live bait
dealer's license allows a person to perform any of the activities listed under
subsection (A) with any or all of the following aquatic live wildlife:
1. Desert Sucker, Catostomus
clarkii;
2. Fathead minnow, Pimephales
promelas;
3. Golden shiner, Notemigonus
crysoleucas;
4. Goldfish, Carassius auratus;
5. Longfin Dace, Agosia
chrysogaster;
6. Speckled
Dace, Rhynichthys osculus; and
7. Waterdogs,
Ambystoma tigrinum, except in that portion of Santa Cruz
County lying east and south of State Highway 82, or that portion of Cochise
County lying west of the San Pedro River and south of State Highway
82.
C. A live bait
dealer's license expires on the last day of the third December from the date of
issuance.
D. In addition to the
requirements established under this Section, a live bait dealer license holder
shall comply with the special license requirements established under
R12-4-409.
E. The live bait
dealer's license holder shall be responsible for compliance with all applicable
regulatory requirements. The license does 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.
F. The
Department shall deny a live bait dealer's 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.
G. An applicant for a
live bait dealer's license shall submit an application to the Department. The
application is available from any Department office and the Department's
website. An applicant shall provide the following information on the
application:
1. The applicant's information:
a. Name;
b. Mailing address;
c. Telephone number; and
d. Department ID number, when
applicable;
2. The
applicant's business:
a. Name;
b. Mailing address; and
c. Telephone number of
the applicant's business;
3. Wildlife species information:
a. Common name of all wildlife species;
and
b. The number of animals for
each species that will be sold under the license.
4. For each location where the wildlife will
be used, the owner's:
a. Name;
b. Mailing address;
c. Telephone number; and
5. A detailed description or diagram of the
facilities where the applicant will hold the wildlife;
6. For each supplier from whom the applicant
will obtain wildlife, the supplier's:
a. Name;
b. Mailing address;
c. Telephone
number;
7. Any other
information required by the Department; and
8. The certification required under
R12-4-409(C).
H. An
applicant for a live bait dealer's license shall pay all applicable fees
required under R12-4-412.
I. A
live bait dealer's 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 live baitfish from a facility
certified free of the 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 facility where
the wildlife 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 shipping.
c. The applicant shall submit a copy of the
certification to the Department prior to conducting any activities authorized
under the license.
d. The live bait
dealer's license holder shall include a copy of the certification in each
shipment.
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 activities
authorized under the live bait dealers license and presents it for inspection
upon the request of any Department employee or agent.
6.
Dispose of aquatic wildlife only as authorized under this Section or as
directed by the Department.
