Current through Register Vol. 30, No. 38, September 20, 2024
A. A
scientific activity license allows a person to conduct any of the following
activities with wildlife when specified on the license:
1. Capture, hold, and release wildlife as
directed by the Department,
2.
Collection of dead wildlife,
3. Display,
4.
Photograph for noncommercial purposes,
5. Possess,
6.
Propagate,
7. Take of live wildlife,
8. Transport,
and
9. Use for educational purposes.
B. The Department issues five types of
scientific collecting licenses:
1. Academic
institution,
2.
Government agency,.
3.
Non-governmental organization,
4.
Nonprofit organization, and
5.
Personal.
C. A person
may apply for a scientific activity license only when the license is requested
for:
1. The purpose of wildlife management,
gathering information valuable to the maintenance of wild populations,
education, the advancement of science, or promotion of the public health or
welfare;
2. A purpose that is in
the best interest of the wildlife or the species, will not adversely impact
other affected wildlife in this state, and may be authorized without posing a
threat to wildlife or public safety; and
3. A purpose that does not unnecessarily
duplicate previously documented projects.
D. A scientific activity license expires on
December 31 of each year.
E. For
the protection of wildlife or public safety, the Department has the authority
to take any one or more of the following actions:
1. Rescind or modify any method of take
authorized by the license;
2.
Restrict the number of animals for each species or other taxa the license
holder may take under the license;
3. Restrict the age, condition, or location
of wildlife the license holder may take under the license; or
4. Deny or substitute the number of specimens
and taxa requested on an application.
F. The license holder shall be responsible
for compliance with all applicable regulatory requirements. The scientific
activity 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 may deny a
scientific activity license to a person who fails to meet the requirements
established under R12-4-409 or this Section, or when the person's scientific
activity 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 scientific activity license when:
1. It is in the best interest of the
wildlife.
2. The issuance of the
license will adversely impact other wildlife or their habitat in the state;
or
3. It is in the best interest of
public health or safety.
H. An applicant for a scientific activity
license shall submit an application to the Department. The application is
furnished by the Department and is available from any Department office, and on
the Department's website. A person applying for a scientific activity license
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. If the
applicant will use wildlife for activities supported by a scientific,
educational, or government institution, nonprofit organization, or agency that
employs, contracts, or is similarly affiliated with the applicant, the
applicant shall provide the institution's:
a.
Name;
b. Mailing address;
c. Telephone number of
the institution; and
d. The applicant's title or a description of the
nature of affiliation with the institution or nonprofit organization;
3. When the applicant is renewing
the scientific activity license, the species and number of animals for each
species currently held in captivity;
4. For each location where the live wildlife
will be held, the land owner's:
a.
Name;
b. Mailing address;
c. Telephone number; and
d. Physical address or general location
description and Global Positioning System location;
5. A detailed description and diagram,
photographs, or documented current certification or approval by the applicant's
institutional animal care and use committee or similar committee of the
facilities 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;
6. List of
activities the applicant intends to perform under the license;
7. Purpose and justification for the use of
wildlife as established under subsection (B);
8. When the applicant intends to use wildlife
for educational purposes, the proposal shall also include the:
a. Minimum number of presentations the
applicant anticipates to provide under the license;
b. Name, title, address, and telephone number
of persons whom the applicant has contacted to offer educational presentations;
and
c. Number of specimens the
applicant already possesses for any species requested on the
application;
9.
Applicant's relevant qualifications and experience in handling and, when
applicable, providing care for the wildlife to be held under the
license;
10. Methods of take that
the applicant will use, to include:
a.
Justification for using the method, and
b. Proposed method of disposing wildlife
taken under the license and any subsequent offspring, when applicable;
11. Any other information required by the Department;
and
12. The certification required under R12-4-409(C).
J. An applicant for a scientific activity
license shall pay all applicable fees required under R12-4-412.
K. A scientific activity license holder
shall:
1. Comply with all additional
stipulations placed on the license by the Department, as authorized under
R12-4-409(H).
2. Possess the
license or legible copy of the license while conducting any activity authorized
under the scientific activity license and presents it for inspection upon the
request of any Department employee or agent.
3. Notify the Department in writing within 10
calendar days of terminating any agent.
4. Use the most humane and practical method
possible prescribed under R12-4-304, R12-4-313, or as directed by the
Department in writing.
5. Conduct
activities authorized under the scientific activity license only at the
locations and time periods specified on the scientific activity
license.
6. Dispose of wildlife,
wildlife parts, or offspring, only as directed by the Department.
7. Maintain records associated with the
license for a period of five years following the date of disposition.
L. A scientific
activity license holder shall not exhibit
1.
Exhibit any wildlife held under the license, unless the person also possesses a
zoo license authorized under R12-4-420.
2. Administer any drug to any wildlife during
the term of the scientific activity license without advance written
authorization from the Department, unless the drug is administered in the
course of treatment by a licensed veterinarian.
M. A scientific activity license holder may
request authorization to allow an agent to assist the license holder in
carrying out activities authorized under the scientific activity license by
submitting a written request to the Department.
1. An applicant may request the ability to
allow a person to act as an agent on the applicant's behalf, provided:
a. An employment or supervisory relationship
exists between the applicant and the agent, and
b. The agent's privilege to take or possess
live wildlife is not suspended or revoked in any state.
2. The license holder shall obtain approval
from the Department prior to allowing the agent assist in any
activities.
3. The license holder
is liable for all acts the agent performs under the authority of this
Section.
4. The Department, acting
on behalf of the Commission, may suspend or revoke a license for violation of
this Section by an agent.
5. The
license holder shall ensure the agent possesses a legible copy of the license
while conducting any activity authorized under the scientific activity license
and presents it for inspection upon the request of any Department employee or
agent.
N. A scientific
activity license holder may submit to the Department a written request to amend
the license to add or delete an agent, location, project, or other component
documented on the license at any time during the license period.
O. A scientific activity license holder shall
submit an annual report to the Department before January 31 of each 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
scientific activity 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
Department may stipulate submission of additional interim reports upon license
application or renewal.
P. A scientific activity license holder who
wishes to permanently hold wildlife species collected under the license in
Arizona that will no longer be used for activities authorized under the license
shall apply for and obtain a wildlife holding license in compliance with
R12-4-417 or another appropriate special license.
