Current through Register Vol. 30, No. 38, September 20, 2024
A. A
wildlife holding license authorizes a person to display for educational
purposes, euthanize, export, give away, import, photograph for commercial
purposes, possess, propagate, purchase, or transport, restricted and
nonrestricted live wildlife lawfully:
1. Held
under a valid hunting or fishing license for a purpose listed under subsection
(C),
2. Collected under a valid
scientific activity license issued under R12-4-418,
3. Obtained under a valid wildlife
rehabilitation license issued under R12-4-423,
4. Or as otherwise authorized by the
Department.
B. A
wildlife holding license expires on the last day of the third December from the
date of issuance, or, if the license holder is a representative of an
institution, organization, or agency described under subsection (C)(4), upon
termination of the license holder's affiliation with that entity, whichever
comes first.
C. A wildlife holding
license is valid for the following purposes, only:
1. Advancement of science;
2. Lawfully possess restricted or
nonrestricted live wildlife when it is:
a.
Necessary to give humane treatment to live wildlife that is declared unsuitable
for release by a licensed veterinarian, and is therefore unable to meet its own
needs in the wild; or
b. Previously
possessed under another special license and the primary purpose for that
special license no longer exists;
3. Promotion of public health or
welfare;
4. Provide education under
the following conditions:
a. The applicant is
an educator affiliated or partnered with an educational institution;
and
b. The educational institution
permits the use of live wildlife.
5. Photograph for a commercial purpose live
wildlife provided:
a. The wildlife will be
photographed without posing a threat to other wildlife or the public,
and
b. The photography will not
adversely impact other affected wildlife in this state, or
6. Wildlife management.
D. The Department shall deny an application
for a wildlife holding license for the possession of cervids.
E. In addition to the requirements
established under this Section, a wildlife holding license holder shall comply
with the special license requirements established under R12-4-409.
F. The license holder shall be responsible
for compliance with all applicable regulatory requirements. The wildlife
holding license does not:
1. Exempt the
license holder or their agent from any municipal, county, state, or federal
codes, ordinances, statutes, rules, or regulations; or
2. Authorize the license holder or their
agent 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.
G. The Department shall deny a
wildlife holding license to a person who fails to meet the requirements
established under R12-4-409 or this Section, or when the person's wildlife
holding privileges are suspended or revoked in any state. 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 a wildlife holding when:
1. It is in the best interest of public
health or safety or the welfare of the wildlife; or
2. The issuance of the license will adversely
impact other wildlife or their habitat in the state.
H. An applicant for a wildlife holding
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. The applicant shall provide the following
information:
1. The applicant's information:
a. Name;
b. Mailing address;
c. Telephone number; and
d. Department ID number, when
applicable;
2. If the
applicant will use the wildlife for a commercial purpose, the applicant's
business:
a. Name;
b. Mailing address; and
c. Telephone number;
3. If the applicant will use wildlife for
activities authorized by a scientific institution that employs, contracts, or
is similarly affiliated with the applicant, the institution's:
a. Name;
b. Mailing address; and
c. Telephone number;
4. For wildlife to be used under the license:
a. Common name of the wildlife
species;
b. Number of animals for
each species;
c. When the
application is for the use of multiple species, the applicant shall list each
species and the number of animals for each species; and
d. When the applicant is renewing the
wildlife holding license, the species and number of animals for each species
currently held in captivity under the license;
5. For wildlife to be used for educational
purposes:
a. The affiliated educational
institution's:
i. Name;
ii. Mailing address;
and
iii. Telephone number of the educational
institution;
b. A copy
of the established curriculum utilizing sound educational objectives;
and
c. A plan for how the applicant
will address any safety concerns associated with the use of live wildlife in a
public setting.
6. For
each location where the applicant proposes to hold the wildlife, the owner's:
a. Name;
b. Mailing address;
c. Telephone number; and
d. Physical address or general location
description and Global Positioning System location;
7. A detailed description and diagram, or
photographs, of the facilities where the applicant will hold the wildlife and a
description of how the facilities comply with the requirements established
under R12-4-428, and any other captivity standards that may be established
under this Section;
8. The dates
that the applicant will begin and end holding wildlife;
9. A clear description of how the applicant
intends to dispose of the wildlife once the proposed activity for which the
license was issued ends;
10. Any
other information required by the Department; and
11. The certification required under
R12-4-409(C).
12. For subsection
(H)(7), the Department may, at its discretion, accept documented current
certification or approval by the applicant's institutional animal care and use
committee or similar committee in lieu of the description, diagram, and
photographs of the facilities.
I. In addition to the requirements listed
under subsection (H), at the time of application, an applicant for a wildlife
holding license shall also submit:
1. Evidence
of lawful possession, as defined under R12-4-401;
2. A statement of the applicant's experience
in handling and providing care for the wildlife to be held or experience
relevant to handling or providing care for wildlife;
3. A written proposal that contains all of
the following information:
a. A detailed
description of the activity the applicant intends to perform under the
license;
b. Purpose for the
proposed activity;
c. The
contribution the proposed activity will make to one or more of the primary
purposes listed under subsection (C).
d. For an applicant who wishes to possess
restricted or nonrestricted live wildlife for the purpose of providing humane
treatment, a written explanation stating why the wildlife is unable to meet its
own needs in the wild and the following information for the licensed
veterinarian who will provide care for the wildlife:
i. Name;
ii. Mailing address; and
iii. Telephone number;
J. An applicant for a
wildlife holding license shall pay all applicable fees required under
R12-4-412.
K. A wildlife holding
license holder shall:
1. Comply with all
additional stipulations placed on the license by the Department, as authorized
under R12-4-409(H).
2. Maintain
records associated with the license for a period of five years following the
date of disposition.
3. 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.
4.
Possess the license or legible copy of the license while conducting any
activity authorized under the wildlife holding license and presents it for
inspection upon the request of any Department employee or agent.
5.
Permanently mark any restricted live wildlife used for lawful activities under
the authority of the license, when required by the Department.
6.
Ensure that a copy of the license accompanies any transportation or shipment of
wildlife made under the authority of the license.
7. Surrender wildlife
held under the license to the Department upon request.
L. A wildlife holding license holder shall
submit an annual report to the Department before January 31 of each year for
the previous calendar year or as indicated under subsection (O). 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
wildlife holding 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. A list of animals held during the year,
the list shall be by species and include the source and date on which the
wildlife was acquired.
b. The
permanent mark or identifier of the wildlife, such as name, number, or another
identifier for each animal held during the year, when required by the
Department. This designation or identifier shall be provided with other
relevant reported details for the holding or disposition of the individual
animal;
c. Whether the wildlife is
alive or dead.
d. The current
location of the wildlife.
e. A list
of all educational displays where the wildlife was utilized to include the
date, location, institution or audience, approximate attendance, and wildlife
used.
M. A
wildlife holding license holder may authorize an agent to assist the license
holder in conducting activities authorized under the wildlife holding license,
provided the agent's wildlife privileges are not suspended or revoked in any
state.
1. The license holder shall obtain
written authorization from the Department before allowing a person to act as an
agent.
2. The license holder shall
notify the Department in writing within 10 calendar days of terminating any
agent.
3. The Department may
suspend or revoke the license holder's license if an agent violates any
requirement of this Section or Article or any stipulations placed upon the
license.
4. An agent may possess
wildlife for the purposes outlined under subsection (C), under the following
conditions;
a. The agent shall possess
evidence of lawful possession, as defined under R12-4-401, for all wildlife
possessed by the agent;
b. The
agent shall return the wildlife to the primary license holder's facility within
two days of receiving the wildlife.
N. A wildlife holding license holder or their
agent shall not barter, give as a gift, loan for commercial activities, offer
for sale, sell, trade, or dispose of any restricted or nonrestricted live
wildlife, offspring of restricted or nonrestricted live wildlife, or their
parts except as stipulated on the wildlife holding license or as directed in
writing by the Department.
O. A
wildlife holding license is no longer valid once the primary purpose for which
the license was issued, as prescribed in subsection (C), no longer exists. When
this occurs, the wildlife holding license holder shall immediately submit the
annual report required under (L) to the Department.
P. A wildlife license holder shall comply
with the requirements established under R12-4-409, R12-4-428, and
R12-4-430.
