Current through Register Vol. 30, No. 38, September 20, 2024
A. For the purposes of this Section:
"Closed aquatic system" means any body of water, water
system, canal system, or series of lakes, canals, or ponds where triploid white
amur are prevented from entering or exiting the system by any natural or
man-made barrier, as determined by the Department.
"Triploid" means a species having three homologous sets of
chromosomes that renders the individuals sterile.
B. A white amur stocking or restocking
license allows a person to import, possess, stock in a closed aquatic system,
and transport triploid white amur (Ctenopharyngodon
idella).
C. The white amur
stocking or restocking license is valid for no more than 20 consecutive
days.
D. In addition to the
requirements established under this Section, a white amur stocking or
restocking license holder shall comply with the special license requirements
established under R12-4-409.
E. The
white amur stocking or restocking license holder shall be responsible for
compliance with all applicable regulatory requirements; the licenses do 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.
F. The
Department shall deny a white amur stocking or restocking 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 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 white amur
stocking or restocking license when it determines the issuance of the license
may result in a negative impact on native wildlife.
G. An applicant for a white amur stocking or
restocking license shall submit an application to the Department. A separate
application is required for each location where the applicant proposes to stock
white amur. The application is furnished by the Department and is available
from any Department office and on the Department's website. The 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. For each location where the white amur will be
held, stocked, or restocked, 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;
e. For the purposes of this subsection, the
following systems may qualify as separate locations, as determined by the
Department:
i. Each closed aquatic
system;
ii. Each separately managed
portion of a closed aquatic system; or
iii. Multiple separate closed aquatic systems
owned, controlled, or legally held by the same applicant where stocking is to
occur;
3. A detailed
description and diagram of each enclosed aquatic system where the applicant
will stock and hold the white amur, as prescribed under A.R.S. §
17-317,
which shall include the following information, as applicable:
a. A description of how the system meets the
definition of a "closed aquatic system" in subsection (A);
b. Size of waterbody proposed for
stocking;
c. Nearest river, stream,
or other freshwater system;
d.
Points where water enters into each water body;
e. Points where water leaves each water body;
and
f. Location of fish containment
barriers;
4. For each wildlife supplier from whom the applicant
will obtain white amur, the supplier's:
a.
Name;
b. Mailing address; and
c. Telephone
number;
5. The number and average length of white amur to be
stocked;
6. The dates white amur will be stocked, or
restocked;
7. Any other information required by the Department;
and
8. The certification required under
R12-4-409(C).
H. When
the Department determines an applicant proposes to stock white amur in a
watershed in a manner that conflicts with the Department's efforts to conserve
wildlife, in addition to the requirements listed under subsection (G), the
applicant shall also submit a written proposal to the Department at the time of
application. The written proposal shall contain all of the following:
1. Anticipated benefits from introducing
white amur;
2. Potential risks
introducing white amur may create for wildlife, including:
a. Whether white amur are compatible with
native aquatic species or game fish; and
b. Method for evaluating the potential impact
introducing white amur will have on wildlife;
3. Assessment of probable impacts to
sensitive species in the area using the list generated by the Department's
Online Environmental Review Tool, which is available on the Department's
website. The proposal must address each species listed.
I. A person may apply for a white amur
restocking license provided there are no changes to the closed aquatic system.
The restocking application license application must include the inspection
certification from the supplier of white amur as required under subsection
(K)(2).
J. A person applying for a white amur stocking or
restocking license shall pay all applicable fees as prescribed under R12-4-412.
K. A white amur stocking and restocking license holder
shall comply with the requirements established under R12-4-409.
1. Comply with all additional stipulations
placed on the license by the Department, as authorized under
R12-4-409(H).
2. Obtain all aquatic
wildlife, live eggs, fertilized eggs, and milt from a licensed fish farm
operator or a private noncommercial fish pond certified free of the diseases
and causative agents through the following actions:
a. An inspection shall be performed by a
qualified fish health inspector or fish pathologist at the fish farm or pond
where the aquatic wildlife or biological material is held before it is shipped
to the license holder.
b. The
inspection shall be conducted no more than 12 months prior to the date on which
the aquatic wildlife or biological material is shipped to the license holder.
The Department may require additional inspections at any time prior to
stocking.
c. The applicant shall
submit a copy of the certification to the Department prior to conducting any
stocking activities.
3.
Maintain records associated with the license for a period of five years
following the date of disposition.
4. Allow the Department
to conduct inspections of an applicant's or license holder's facility, records,
and any waters proposed for stocking at any time before or during the license
period to determine compliance with the requirements of this Article and to
determine the appropriate number of white amur to be stocked. The Department
shall comply with A.R.S. §
41-1009
when conducting inspections at a license holder's facility.
5.
Ensure all shipments of white amur are accompanied by a USFWS, or similar
agent, certificate confirming the white amur are triploid.
6.
Possess the license or legible copy of the license while conducting any
activities authorized under the white amur stocking or restocking license and
presents it for inspection upon the request of any Department employee or
agent.
L. A white amur stocking or restocking license holder
shall comply with the requirements established under R12-4-409.
