Current through Register Vol. 30, No. 38, September 20, 2024
A. A
private game farm license authorizes a person to commercially farm and sell
captive pen-reared game birds as specified on the license at the location
designated on the license.
1. A private game
farm license allows the license holder to
display for sale, give
away, import, offer for sale, possess, propagate and rear, purchase, rent or
lease, sell, trade, or transport captive pen-reared game birds carcasses or
parts
.
2. The Private Game Farm License
expires on the last day of the third December from the date of
issuance.
B. Private
game farm captive pen-reared game birds may be killed or slaughtered, but a
person shall not kill or allow the captive pen-reared game birds to be killed
by hunting or in a manner that could be perceived as hunting or recreational
sport harvest while under the care and control of the private game farm license
holder.
C. Private game farm
captive pen-reared game birds shall not be killed by a person who pays a fee to
the owner of the private game farm for killing the captive pen-reared game
birds, nor shall the game farm owner accept a fee for killing the captive
pen-reared game birds, except as authorized under R12-4-414.
D. A private game farm licenses authorizes
the use of only the following captive-reared game birds:
.
1.
Alectoris chukar, Chukar;
2.
Anas platyrhynchos,
Mallard duck, provided all mallard ducks and progeny are physically marked as
required under
50 CFR
21.13, revised October 1, 2019, which is
incorporated by reference;
3.
Callipepla
californica, California or valley quail;
4.
Callipepla
gambelii, Gambel's quail;
5.
Callipepla
squamata, Scaled quail;
6.
Colinus
virginianus, Northern bobwhite;
7.
Cyrtonyx montezumae, Montezuma or
Mearns' quail;
8.
Dendragapus obscurus, Dusky
grouse;
9.
Oreortyx
pictus, Mountain Quail; and
10. Phasianus
colchicus, Ringneck and whitewing pheasant;
11. For
subsection (D)(2), the incorporated by material is available at any Department
office, online at
www.gpo.gov, or may
be ordered from the U.S. Government Printing Office, Superintendent of
Documents, P.O. Box 979050, St. Louis, MO 63197-9000.
This incorporation by reference does not include any later
amendments or editions of the incorporated material.
E. The Department shall deny an
application for:
1. A new private game farm
license for mammals. The Department may accept a renewal application for a
private game farm license holder currently permitted to possess mammals,
provided the license holder is in compliance with all applicable requirements
under R12-4-409, R12-4-428, R12-4-430, and this Section.
2. A private game farm license for Northern
bobwhite, Colinus virginianus, in game management units 36A,
36B, and 36C, as prescribed under R12-4-108.
F. In addition to the requirements
established under this Section, a private game farm holder shall comply with
the special license requirements established under R12-4-409.
G. The private game farm 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.
H. The Department shall deny a private game
farm 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 An applicant
person applying for a private game farm license shall submit an application to
the Department. A separate application is required for each location where the
applicant proposes to use captive pen-reared game birds. 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 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:
b. Mailing address; and
c. Telephone
number;
3. For captive
pen-reared game birds to be used under the license:
a. Common name of the captive pen-reared game
birds species;
b. Number of birds
for each species; and
c. When the
applicant is renewing the private game farm license, the species and number of
captive pen-reared game birds for each species currently held in captivity
under the license;
4.
For each location where the applicant proposes to use the captive pen-reared
game birds will be used, the land owner's:
a.
Name;
b. Mailing address;
d. Telephone number; and
e. Physical address or general location
description and Global Positioning System location;
5. A detailed description or diagram of the
facilities where the applicant will hold the captive pen-reared game birds, and
a description of how the facilities comply with the requirements established
under R12-4-428 and any other captivity standards established under this
Section;
6. For each wildlife
supplier from whom the special license applicant will obtain wildlife, the
supplier's;
a. Name;
b. Mailing address; and
c. Telephone
number;
7. Any other
information required by the Department; and
8. The certification required under
R12-4-409(C).
J. An
applicant for a private game farm license shall pay all applicable fees
required under R12-4-412.
K. A
private game farm license holder shall:
1.
Comply with all additional stipulations placed on the license by the
Department, as authorized under R12-4-409(H).
2. Ensure each shipment of live captive
pen-reared game birds imported into the state is accompanied by a health
certificate or other similar form that indicates the captive pen-reared game
birds identified on the form appears to be healthy and free of infectious,
contagious, and communicable diseases.
a. The
certificate or other similar form shall be issued no more than 30 days prior to
the date on which the captive pen-reared game birds shipped.
b. A copy of the certificate shall be
submitted to the Department prior to importation.
3. Ensure the following documentation
accompanies each shipment of captive pen-reared game birds made by the game
farm:
a. Name of the private game farm license
holder,
b. Private game farm
license number,
c. Date captive
pen-reared game birds were shipped,
d. Number of captive pen-reared game birds,
by species, included in the shipment,
e. Name of the person or common carrier
transporting the shipment, and
f.
Name of the person receiving the shipment.
4. Provide each person who transports a
captive pen-reared game birds carcass from the site of the game farm with a
receipt that includes all of the following:
a.
Date the captive pen-reared game birds were purchased, traded, or given as a
gift;
b. Name of the game farm;
and
c. Number of captive pen-reared
game birds carcasses, by species, being transported.
5. Ensure each facility is inspected by the
attending veterinarian at least once every year.
6. 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.
7. Maintain records of all captive pen-reared
game birds possessed under the license for a period of three years. In addition
to the information required under subsections (M)(4)(a) through (M)(4)(e), the
records shall also include:
a. The private
game farm license holder's:
i. Name;
ii. Mailing address;
iii. Telephone number; and
iv. Special license number;
b. Copies of all federal, state,
and local licenses, permits, and authorizations required for the lawful
operation of the private game farm;
c. Copies of the annual report required under
subsection (M);
d. Number of all
captive pen-reared game birds, by species and the date it was
obtained;
e. Source of all captive
pen-reared game birds and the date it was obtained;
f. Number of offspring propagated by all
captive pen-reared game birds; and
g. For all captive pen-reared game birds
disposed of by the license holder:
i. Number,
species, and date of disposition; and
ii. Manner of disposition to include the
names and addresses of persons to whom the captive pen-reared game birds were
bartered, given, or sold, when authorized.
8. Immediately report to the Department any
mortality event that results in the loss of 10% or more of the adult captive
pen-reared game birds held on the facility within any seven day period and
allow the Department to collect samples from the affected game birds for
disease testing purposes as prescribed under A.R.S. §
17-250.
L. A private game farm license
holder shall not:
1. Propagate hybrid wildlife
or domestic birds with captive pen-reared game birds; or
2. Possess domestic species under the special
license.
M. A private
game farm license holder shall submit an annual report to the Department before
January 31 of each year for activities performed under the license 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 private game farm license becomes
invalid if the annual report is not submitted to the Department 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. The annual report shall include all of the
following information, as applicable:
a.
Number of captive pen-reared game birds, by species;
b. Source of all captive pen-reared game
birds that the license holder obtained or propagated;
c. Date on which the captive pen-reared game
birds was obtained or propagated;
d. Date on which the captive pen-reared game
birds was disposed of and the manner of disposition; and
e. Name of person who received captive
pen-reared game birds disposed of by barter, given as a gift, or
sale.
N.
Except for cervids which shall be disposed of only as established under
R12-4-430, a private game farm license holder who no longer uses the captive
pen-reared game birds for a commercial purpose shall dispose of the captive
pen-reared game birds as follows:
1.
Export,
2. Transfer to another
private game farm licensed under this Section,
3. Transfer to a zoo licensed under
R12-4-420,
4. Transfer to a medical
or scientific research facility exempt under R12-4-407,
5. As directed by the Department,
or
6. As otherwise authorized under
this Section.
O. A
private game farm license holder shall comply with the requirements established
under R12-4-428 and R12-4-430.