Current through Register Vol. 30, No. 38, September 20, 2024
A. For the purposes of this Section,
"volunteer" means a person who: Is not designated as an agent, as defined under
R12-4-401, Assists a wildlife rehabilitation license holder without
compensation, and Is under the direct supervision of the license holder at the
location specified on the wildlife rehabilitation license.
B. A wildlife rehabilitation license is
issued for the sole purpose of restoring and returning wildlife to the wild
through rehabilitative services. The license allows a person 18 years of age or
older to conduct any of the following activities with live injured, disabled,
orphaned or otherwise debilitated wildlife specified on the rehabilitation
license:
1. Capture;
2. Euthanize;
3. Export to a licensed zoo, when authorized
by the Department;
4. Receive from
the public;
5. Rehabilitate;
6. Release;
7.
Temporarily possess;
8. Transport; or
9. Transfer to one of
the following:
a. Licensed veterinarian for
treatment or euthanasia;
b. Another
appropriately licensed special license holder;
c. Licensed zoo, when authorized by the
Department; or
10. As otherwise
directed in writing by the Department.
C. A wildlife rehabilitation license
authorizes the possession of the following taxa or species:
1. Amphibians;
2. Reptiles;
3. Birds:
a. Non-passerines, birds in any order other
than those named in subsections (b) through (e);
b. Birds in the orders Falconiformes
or Strigiformes, raptors;
c. Birds in the order, Galliformes
quails and turkeys;
d.
Birds in the order Columbiformes, doves;
e. Birds in the order
Trochiliformes, hummingbirds; and
f. Birds in the order
Passeriformes, passerines;
4. Mammals:
a. Nongame mammals;
b. Bats;
c. Big game mammals other than cervids:
bighorn sheep, bison, black bear, javelina, mountain lion, pronghorn;
d. Carnivores: bobcat, coati, coyote, foxes,
raccoons, ringtail, skunks, and weasels; and
e. Small game mammals.
D. A wildlife rehabilitation
license authorizes the possession of the following taxa or species only when
specifically requested at the time of application:
1. Eagles;
2. Species listed under
50 CFR
17.11, revised October 1, 2019; and
3. The Department's Tier 1 Species of
Greatest Conservation Need, as defined under R12-4-401.
4. For the purposes of subsection (D)(2),
this incorporation by reference contains no future editions or amendments. 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.
E. All wildlife held under the license is the
property of the state and shall be surrendered to the Department upon
request.
F. The wildlife
rehabilitation license expires on the last day of the third December from the
date of issuance.
G. In addition to
the requirements established under this Section, a wildlife rehabilitation
license holder shall comply with the special license requirements established
under R12-4-409.
H. The Department
shall deny a wildlife rehabilitation license to a person who fails to meet the
requirements and criteria established under R12-4-409, R12-4-428, or this
Section or when the person's wildlife rehabilitation license is suspended or
revoked in any state. The Department shall provide the written notice
established under R12-4-409 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.
I.
The wildlife rehabilitation 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;
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;
or
3. Authorize the license holder
to conduct any activities that constitutes the practice of veterinary medicine
as prescribed under A.R.S. §
32-2231
whether or not a fee, compensation, or reward is directly or indirectly
promised, offered, expected, received or accepted, unless the license holder is
currently licensed to practice veterinary medicine in the state of
Arizona.
J. Before
applying for a wildlife rehabilitation license, a person shall correctly answer
at least 80% of the questions on the Department administered written
examination. The Department shall consider only those parts of the examination
that are applicable to the taxa of wildlife for which the license is sought in
establishing the qualifications of the applicant.
1. Examinations are provided by appointment,
only.
2. An applicant may request a
verbal or written examination.
3.
The examination shall include questions regarding:
a. Wildlife rehabilitation;
b. Safe handling of wildlife;
c. Transporting wildlife;
d. Humane treatment;
e. Nutritional requirements;
f. Behavioral requirements;
g. Developmental requirements;
h. Ecological requirements;
i. Habitat requirements;
j. Captivity standards established under
R12-4-428;
k. Human and wildlife
safety considerations;
l. State
statutes, rules, and regulations regarding wildlife rehabilitation;
and
m. National Wildlife
Rehabilitation Association minimum standards for wildlife
rehabilitation.
4. The
applicant must successfully complete the examination within three years prior
to the date on which the initial application for the license is submitted to
the Department.
K. An
applicant for a wildlife rehabilitation license shall submit an application to
the Department. 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 on the application:
1. The applicant's information:
a. Name;
b. Date of birth;
c. Mailing address;
d. Telephone number;
e. Housing facility address, if different
from mailing address;
f. Physical
address or general location description and Global Positioning System location;
and;
g. Department ID number, when
applicable;
2. The
wildlife taxa or species listed under subsection (C) that will be possessed
under the license;
3. For each
location where the applicant proposes to use wildlife, 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;
4. A detailed description, diagram, and
photographs of the housing facility where the applicant will hold the wildlife,
and a description of how the housing facility complies with the captivity
standards established under this Section;
5. Any other information required by the
Department; and
6. The
certification required under R12-4-409(C).
L. In addition to the requirements listed
under subsection (K), at the time of application, an applicant for a wildlife
rehabilitation license shall also submit:
1.
Any one or more of the following:
a. A valid,
current license issued by a state veterinary medical examination authority that
authorizes the applicant to practice as a veterinarian;
b. Proof of at least six months of experience
performing wildlife rehabilitative work with an average of at least eight hours
each week for the taxa or species of animal listed on the application;
or
c. A current and valid license,
permit, or other form of authorization issued by another state or the federal
government that allows the applicant to perform wildlife
rehabilitation;
2. Proof
the applicant successfully completed the examination required under subsection
(J) no more than three years prior to submitting the initial
application;
3. An affidavit signed
by the applicant affirming either of the following:
a. The applicant is a licensed veterinarian;
or
b. A licensed veterinarian is
reasonably available to provide veterinary services as necessary to facilitate
rehabilitation of wildlife.
4. A written statement describing:
a. The applicant's preferred method of
disposing of non-releasable live wildlife as listed under subsection (B);
and
b. The applicant's training and
experience in handling, capturing, rehabilitating, and caring for the taxa or
species when the applicant is applying for a license to perform authorized
activities with taxa or species of wildlife listed under subsection
(C).
M. A
wildlife rehabilitation license holder who wishes to continue activities
authorized under the license shall renew the license before it expires.
1. When renewing a license without change to
the species, location, or design of the facility where wildlife is held as
authorized under the current license, the license holder may reference
supporting materials previously submitted in compliance with subsection
(K).
2. A license holder applying
for a renewal of the license shall successfully complete the examination at the
time of renewal when the annual report submitted under subsection (Z) indicates
the license holder did not perform any rehabilitative activities under the
license.
3. A license holder
applying for a renewal of the license shall submit proof the license holder has
completed the continuing education requirement established under subsection
(N).
N. During the
license period a wildlife rehabilitation license holder shall complete eight or
more hours of continuing education sessions on wildlife rehabilitation or
veterinary medicine. Acceptable continuing education sessions may be obtained
from:
1. An accredited university or
college;
2. The National Wildlife
Rehabilitators Association, 2625 Clearwater Rd. Suite 110, St. Cloud, MN
56301;
3. The International
Wildlife Rehabilitation Council, PO Box 3197, Eugene, OR 97403; or
4. Other applicable training opportunities
approved by the Department in writing. A license holder who wishes to use other
applicable training to meet the eight hour continuing education requirement
shall request approval of the other applicable training prior to participating
in the education session.
O. At the time of application, a wildlife
rehabilitation license holder may request authorization to allow an agent to
assist the license holder in carrying out activities authorized under the
wildlife rehabilitation 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,
b. The agent submits proof of at least six
months of experience performing wildlife rehabilitative work with an average of
at least eight hours each week, and
c. The agent's
privilege to take or possess live wildlife is not suspended or revoked in any
state.
d. An agent shall allow the
Department to conduct inspections of an agent's facility when the agent intends
to possess wildlife for more than 48 hours. The Department shall comply with
A.R.S. §
41-1009
when conducting inspections at a license holder's facility.
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 wildlife rehabilitation
license and presents it for inspection upon the request of any Department
employee or agent.
P.
At any time during the license period, a wildlife rehabilitation license holder
may request permission to amend the license to add or delete an agent or a
location where wildlife is held; or to obtain authority to rehabilitate
additional taxa of wildlife. To request an amendment, the license holder shall
submit the following information to the Department, as applicable:
1. To add or delete an agent, the information
stated in subsections (K)(1) through (K)(4) (L)(2) as applicable to the agent,
and proof of at least six months of experience performing wildlife
rehabilitative work with an average of at least eight hours each
week;
2. To add or delete a
location, the information stated in subsection (K)(1) through (K)(5);
and
3. To obtain authority to
rehabilitate additional taxa or wildlife, the information stated in subsection
(K)(1) through (K)(5) and (L)(1) through (L)(4).
Q. A wildlife rehabilitation license holder
authorized to rehabilitate wildlife species listed under subsection (C)(3)(c),
(C)(4)(c) and (C)(4)(d) or (D) shall contact the Department within 24 hours of
receiving the individual animal to obtain instructions in handling or
transferring that animal. While awaiting instructions, the license holder shall
ensure that emergency veterinary care is provided as necessary.
R. A wildlife rehabilitation 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.
Ensure each facility is inspected by the attending veterinarian at least once
every year.
5. Capture, remove, transport, and release wildlife
held under the requirements of this Section in a manner that is least likely to
cause injury to the affected wildlife.
6. Conduct
rehabilitation only at the location listed on the license
7. Be
responsible for all expenses incurred, including veterinary expenses, and all
actions taken under the license, including all actions or omissions of all
agents and volunteers when performing activities under the license.
8.
Immediately surrender wildlife held under the license to the Department upon
request.
9. Dispose of all wildlife that is euthanized or that
otherwise dies within 30 days of death either by burial, incineration, or
transfer to a scientific research institution, except that the license holder
shall transfer all carcasses of endangered or threatened species, species
listed under the Department's Tier 1 Species of Greatest Conservation Need, or
eagles as directed by the Department.
10. Maintain a current
log that records the information specified under subsection (Z).
11.
Possess the license or legible copy of the license at each authorized location
and while conducting any rehabilitation activities and presents it for
inspection upon the request of any Department employee or agent.
12.
Ensure a copy of the wildlife rehabilitation license accompanies each transfer
or shipment of wildlife.
13.
Dispose of any raptor suspected or confirmed with West Nile Virus or poisoning,
except for lead poisoning, by incineration.
14. Except as specified under subsection
(R)(12), transfer the carcass or parts of the carcass of a deceased raptor as
follows:
a. For a bald or golden eagle, send
the entire body, including all feathers, talons, and other parts, to the
National Eagle Repository, see
https://www.fws.gov/eaglerepository/factsheets.php;
b. For any euthanized non-eagle raptor, to
prevent secondary poisoning of other wildlife, either submit the carcass to a
non-eagle repository or burn, bury, or otherwise destroy the carcass;
c. For all other species:
i. Submit the carcass to a non-eagle
repository;
ii. Submit the carcass
to the Department for submission to a non-eagle repository.
S. A
wildlife rehabilitation license holder shall not:
1. Display for educational purposes any
wildlife held under the license.
2.
Exhibit any wildlife held under the license.
3. Permanently possess any wildlife held
under the license.
T. A
wildlife rehabilitation license holder may possess
all wildlife for no
more than 90 days
Except a bird may be
possessed for no more than 180 days, unless the Department has authorized
possession for a longer period of time.
U. A license holder may request permission to
possess wildlife for a longer period of time than specified in subsection (T)
by submitting a written request to the Department.
1. The Department shall approve or deny the
request within ten days of receiving the request.
2. For requests made due to a medical
necessity, the Department may require the license holder to provide a written
statement listing the medical reasons for the extension, signed by a licensed
veterinarian.
3. The license holder
may continue to hold the specified wildlife while the Department considers the
request.
4. If the request is
denied, the Department shall send a written notice to the license holder which
shall include specific, time-dated directions for the surrender or disposition
of the animal.
V. A
wildlife rehabilitation license holder who also possesses a federal
rehabilitator license may allow a licensed falconer to assist in conditioning a
raptor in preparation for the raptor's release to the wild.
1. The license holder may allow the licensed
falconer to temporarily remove the raptor from the license holder's facility
while conditioning the raptor.
2.
The license holder shall provide the licensed falconer with a written statement
authorizing the falconer to assist the license holder.
3. The written statement shall identify the
raptor by species, type of injury, and band number, when available.
4. The license holder shall ensure the
licensed falconer returns the raptor to the license holder within the 180-day
period established under subsection (T).
W. A wildlife rehabilitation license holder
may hold wildlife under the license after the wildlife reaches a state of
restored health only for the amount of time reasonably necessary to prepare the
wildlife for release. Rehabilitated wildlife shall be released:
1. In an area without immediate threat to the
wildlife or contact with humans;
2.
During an ecologically appropriate time of year and time of day; and
3. Into a suitable habitat in the same
geographic area where the animal was originally obtained; or
4. In an area designated by the
Department.
X. Wildlife
that is not releasable after the time-frames specified in subsection (T) shall
be transferred, disposed of, or euthanized as determined by the
Department.
Y. To permanently hold
rehabilitated wildlife declared unsuitable for release by a licensed
veterinarian, a wildlife rehabilitation license holder shall apply for and
obtain a wildlife holding license in compliance with under R12-4-417.
Z. A wildlife rehabilitation 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 wildlife rehabilitation 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 contain the
following information:
a. The license
holder's:
i. Name;
ii. Mailing address; and
iii. Telephone number;
b. Each agent's:
i. Name;
ii. Mailing address; and
iii. Telephone number;
c. The permit or license number of any
federal permits or licenses that relate to any rehabilitative function
performed by the license holder;
d. For activities related to
federally-protected wildlife, a copy of the rehabilitator's federal permit
report of activities related to federally-protected wildlife; and
e. An
itemized list of each animal held under the license during the calendar year
for which activity is being reported. For each animal held by the license
holder or agent, the itemization shall include:
i. Species;
ii. Condition that required rehabilitation;
iii. Date of
acquisition;
iv. Source of
acquisition;
v. Location of
acquisition;
vi. Age class at
acquisition, when reasonably determinable;
vii. Status at disposition or end-of-year in
relation to the condition requiring rehabilitation;
viii. Method of disposition;
ix. Location of disposition; and
x. Date of disposition.
AA. A wildlife rehabilitation license holder
shall comply with the requirements established under R12-4-409, R12-4-428, and
R12-4-430, as applicable.
