Current through Register Vol. 30, No. 38, September 20, 2024
A. A game bird
license authorizes a person to conduct certain activities with the captive
pen-reared game birds specified on the license and only at the location or
locations specified on the license, as described below:
1. Game Bird Hobby:
a. Authorizes a license holder to:
i. Possess no more than 50 captive pen-reared
game birds at any one time;
ii.
Export, import, kill, possess, propagate, purchase, and transport the captive
pen-reared game birds specified on the license for personal, noncommercial
purposes only; and
iii. Gift a
captive pen-reared game bird to another special license holder who is
authorized to possess the game bird species.
b. The following captive pen-reared game bird
species may be possessed by a Game Bird Hobby license holder:
i.
Alectoris chukar,
Chukar;
ii.
Callipepla
californica, California or valley quail;
iii.
Callipepla gambelii,
Gambel's quail;
iv.
Callipepla squamata, Scaled quail;
v.
Colinus virginianus,
Northern bobwhite, subject to the restriction specified under subsection
(D);
vi.
Cyrtonyx
montezumae, Montezuma or Mearn's quail; and
vii.
Dendragapus obscurus,
Dusky grouse.
c. The
license holder shall immediately report to the Department any mortality event
that results in the loss of 10% or more of the adult game birds held on the
facility and allow the Department to collect samples from the affected game
birds for disease testing purposes as prescribed under A.R.S. §
17-250.
d. The
Game Bird Hobby license expires on the last day of the third December from the
date of issuance.
2.
Game Bird Shooting Preserve:
a. Authorizes a
license holder to:
i. Release captive
pen-reared game birds for the purpose of hunting or shooting.
ii. Export, display, gift, import, kill,
offer for sale, possess, propagate, purchase, trade, and transport the captive
pen-reared game birds specified on the license.
b. The following captive pen-reared game bird
species may be possessed by a Game Bird Shooting Preserve license holder:
i.
Alectoris chukar,
Chukar;
ii.
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;
iii.
Colinus virginianus, Northern bobwhite, subject to the
restriction specified under subsection (D); and
iv.
Phasianus colchicus,
Ringneck and Whitewing pheasant.
c. The license holder shall :
i. Restrict the release and take of the live
captive pen-reared game birds on private lands to an area not more than 1,000
acres.
ii. Immediately report to
the Department any mortality event that results in the loss of 10% or more of
the adult game birds held on the facility and allow the Department to collect
samples from the affected game birds for disease testing purposes as prescribed
under A.R.S. §
17-250.
d. The license holder may charge a
fee to allow persons to take captive pen-reared game birds on the shooting
preserve.
e. A person is not
required to possess a hunting license when taking a captive pen-reared game
bird released under the provisions of this Section.
f. A captive pen-reared game bird released
under a Game Bird Shooting Preserve license may be taken with any method
designated under R12-4-304.
g. The
Game Bird Shooting Preserve license expires on the last day of the third
December from the date of issuance.
3. Game Bird Field Trial:
a. Authorizes a license holder to:
i. Release and take captive pen-reared game
birds for the purpose of conducting a competition to test the performance of
hunting dogs in one field trial event;
ii. Import, kill, possess, purchase within
the State, and transport the captive pen-reared game birds specified on the
license for one field trial event; and
iii. Export, gift, kill, or transport any
captive pen-reared game bird held after the field trial event.
b. The following captive
pen-reared game bird species may be possessed by a Game Bird Field Trial
license holder:
i.
Alectoris
chukar, Chukar;
ii.
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;
iii.
Colinus virginianus, Northern bobwhite, subject to the
restriction specified under subsection (D);
iv.
Phasianus colchicus,
Ringneck and Whitewing pheasant.
c. A person is not required to possess a
hunting license in order to participate in a field trial event held under the
provisions of this Section.
d. A
captive pen-reared game bird released under a Game Bird Field Trial license may
be taken with any method designated under R12-4-304.
e. The Game Bird Field Trial license is valid
for no more than ten consecutive days.
4. Game Bird Field Training:
a. Authorizes a license holder to:
i. Release and take released live captive
pen-reared game birds specified on the license for the purpose of training a
dog or raptor to hunt game birds; and
ii. Import, possess, purchase within the
State, and transport the captive pen-reared game birds specified on the
license; and
iii. Export, gift,
kill, or transport any captive pen-reared game bird possessed under the
license.
b. The
following captive pen-reared game bird species may be possessed by a Game Bird
Field Training license holder:
i.
Alectoris chukar, Chukar;
ii.
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;
iii.
Colinus virginianus, Northern bobwhite, subject to the
restriction specified under subsection (D)(2)(b);
iv.
Phasianus colchicus,
Ringneck and Whitewing pheasant.
c. A person is not required to possess a
hunting license when taking a captive pen-reared game bird released under the
provisions of this Section.
d. A
captive pen-reared game bird released under a Game Bird Field Training license
may be taken with any method designated under R12-4-304.
e. The Game Bird Field Training license
expires on the last day of the third December from the date of
issuance.
5. For
subsections (A)(2)(b)(ii), (A)(3)(b)(ii), and (A)(4)(b)(ii), the incorporated
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.
B. In addition to the requirements
established under this Section, a game bird license holder shall comply with
the special license requirements established under R12-4-409.
C. The game bird 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.
D. The Department shall deny a game bird
license to a person who fails to meet the requirements 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 may deny a game bird license
when:
1. The applicant proposes to release
captive pen-reared game birds:
a. At a
location where an established wild population of the same species
exists.
b. During nesting periods
of upland game birds or waterfowl that nest in the area.
2. The applicant requests a license:
a. For the sole purpose described under
subsection (A)(1) and proposes to possess more than 50 captive pen-reared game
birds at any one time.
b. To
possess Northern bobwhites, Colinus virginianus, in any one of
the following game management units, as described under R12-4-108; 36A, 36B,
and 36C.
3. The
Department determines the:
a. Authorized
activity listed under this Section may pose a threat to native wildlife,
wildlife habitat, or public health or safety.
b. Escape of any species listed on the
application may pose a threat to native wildlife or public health or
safety.
c. Release of captive
pen-reared game birds may interfere with a wildlife or habitat restoration
program.
E.
An applicant for a game bird license shall submit an application to the
Department. A person applying for multiple Game Bird Field Trial licenses shall
submit a separate application for each date and location where a competition
will occur. The application is furnished by the Department and is available at
any Department office and on the Department's website. An applicant shall
provide the following information on the application:
1. The applicant's information:
a. Name;
b. Mailing address, when
applicable;
c. Physical
address;
d. Telephone number;
and
e. Department ID number, when
applicable;
2. For
captive pen-reared game birds to be used under the license:
a. Common name of game bird
species;
b. Number of animals for
each species; and
c. When the
applicant is renewing a Game Bird Hobby or Shooting Preserve license, the
species and number of animals for each species currently held in captivity
under the license;
3.
The type of game bird license:
a. Game Bird
Hobby;
b. Game Bird Shooting
Preserve;
c. Game Bird Field Trial;
or
d. Game Bird Field
Training;
4. For each
location where captive pen-reared game birds will be held, the owner's:
a. Name;
b. Mailing address, when
applicable;
c. Telephone number;
and
d. Physical address or general
location description and Global Positioning System location, when
available;
5. For each
location where captive pen-reared game birds will be released, the land owner's
or agency's:
a. Name;
b. Mailing address, when
applicable;
c. Telephone number;
and
d. Physical address or general
location description and Global Positioning System location, when available;
and
6. For each captive
pen-reared game bird supplier from whom the applicant will obtain game birds,
the supplier's:
a. Name;
b. Mailing address; and
c. Telephone number;
7. An applicant who is applying for a Game
Bird Shooting Preserve or Field Trial license and intends to use the captive
pen-reared game birds for a commercial purpose shall also provide the
applicant's business:
a. Name;
b. Mailing address; and
c. Telephone number;
8. An applicant who intends to use the
captive pen-reared game birds for an activity affiliated with a sponsoring
organization shall also provide the organization's:
a. Name;
b. Mailing address; and
c. Telephone number of the organization chair
or local chapter;
9. An
applicant who is applying for a Game Bird Field Trial license shall also
specify the range of dates within which the field trial event will take place,
not to exceed a 10-day period;
10.
An applicant who is applying for a Game Bird Hobby or Game Bird Shooting
Preserve license shall also provide a detailed description or diagram of the
facilities where the applicant will hold 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;
11. Any other information
required by the Department; and
12.
The certification required under R12-4-409(B).
F. An applicant for a game bird license shall
pay all applicable fees required under R12-4-412.
G. A game bird license holder shall:
1. Comply with all additional stipulations
placed on the license by the Department, as authorized under
R12-4-409(H).
2. 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.
3. Possess the license or legible copy of the
license while conducting any activity authorized under the game bird license
and present it for inspection upon the request of any Department employee or
agent.
4. Ensure each shipment of
captive pen-reared game birds imported into the state is accompanied by a
health certificate.
a. The certificate shall
be issued no more than 30 days prior to the date on which the game birds are
shipped.
b. A copy of the
certificate shall be submitted to the Department prior to
importation.
5. Provide
each person who transports captive pen-reared game birds taken under the game
bird license with documentation that includes all of the following:
a. Name of the game bird license
holder;
b. Game bird license
number;
c. Date the captive
pen-reared game bird was obtained;
d. Number of captive pen-reared game birds,
by species; and
e. When the captive
pen-reared game birds are being shipped:
i.
Name of the person or common carrier transporting the shipment, and
ii. Name of the person receiving the
shipment.
6.
Maintain records of all captive pen-reared game birds possessed under the
license for a period of five years. In addition to the information required
under subsections (G)(5)(a) through (G)(5)(b), the records shall also include:
a. The game bird license holder's:
i. Name;
ii. Mailing address;
iii. Telephone number; and
iv. Special license number;
b. Copies of the annual report
required under subsection (H);
7. Dispose of captive pen-reared game birds
only as authorized under this Section or as directed by the
Department.
8. Conduct license
activities solely at the locations and within the timeframes approved by the
Department. A Game Bird License holder may request permission to amend the
license to conduct activities authorized under the license at an additional
location by submitting the application required under subsection (E) to the
Department.
H. A game
bird 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 game bird
license becomes invalid if the annual report is not submitted to the Department
by January 31 of each year.
3. The
Department shall 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 all captive pen-reared game birds, by species and the date
obtained;
b. Source of all captive
pen-reared game birds and the date obtained;
c. Number of offspring propagated by all
captive pen-reared game birds; and
d. 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 wildlife was bartered, given, or
sold, when authorized.
I. A game bird license holder shall comply
with the requirements established under R12-4-428.
J. A game bird released under a game bird
license and found outside of the location specified on the license shall become
property of the State and is subject to the requirements prescribed under
A.R.S. Title 17 and 12 A.A.C. 4, Article 3.