Current through Register Vol. 30, No. 38, September 20, 2024
A. A person requesting that the Commission
consider closing state or federal land to hunting, fishing, or trapping as
provided under A.R.S. § 17-304(B) or
R12-4-110,
or closing roads or trails on state lands as provided under
R12-4-110,
shall submit a petition as prescribed in this Section before the Commission
will consider the request.
B. A
petitioner shall not address more than one contiguous closure request in a
petition.
C. A petitioner
submitting a petition that addresses the same contiguous closure request
previously considered and denied by the Commission shall provide an additional
written statement that includes rationale not previously considered by the
Commission.
D. A petitioner shall
submit the petition form to the Arizona Game and Fish Department, Director's
Office, 5000 W. Carefree Highway, Phoenix, AZ 85086. The petition form is
furnished by the Department and is available at any Department office and on
the Department's website. The petition form shall contain all of the following
information:
1. Petitioner identification:
a. When the petitioner is the leaseholder of
the area proposed for closure:
i. Name of
person;
ii. Lease number;
iii. Physical and mailing address, if
different from the physical address;
iv. Contact telephone number; and
v. Email, when available;
b. When the petitioner is anyone
other than the leaseholder of the area proposed for closure:
i. Name of person;
ii. Lease number;
iii. Physical and mailing address, if
different from the physical address;
iv. Contact telephone number;
v. Email, when available; and
vi. Name of each group or organization or
organizations that the petitioner represents; or
c. When the petitioner is a public agency:
i. Name of person;
ii. Name of agency;
iii. Petitioner's title;
iv. Lease number;
v. Agency's physical and mailing address, if
different from the physical address;
vi. Contact telephone number; and
vii. Email, when available;
2. Type of closure
requested:
a. Hunting,
b. Fishing,
c. Trapping, or
d. Operation of motor vehicles.
3. Reason for petition:
a. Each reason why the closure should be
considered under
R12-4-110,
A.R.S. §
17-304(B),
or A.R.S. §
17-452(A);
b. Any data or other justification supporting
the reasons for the closure with clear reference to any exhibits that may be
attached to the petition;
c. Each
person or segment of the public the petitioner believes will be impacted by the
closure, including any other valid licensees, lessees, or permittees that will
or may be affected, and how they will be impacted, including both positive and
negative impacts;
d. If the
petitioner is a public agency, a summary of issues raised in any public hearing
or public meeting regarding the petition and a copy of written comments
received by the petitioning agency; and
e. A proposed alternate access route, under
R12-4-110.
4. A concise map identifying the
specific location of the proposed closure;
5. Petitioner's signature;
6. Date on which the petition was signed;
and
7. Any other information
required by the Department.
E. The Department shall determine whether the
petition complies with the requirements established under A.R.S. §
17-452,
R12-4-110,
and this Section within 15 business days after receiving the petition.
1. If the petition meets these requirements,
and provided the petitioner has not agreed to an alternative solution or
withdrawn the petition, the Department, in accordance with the schedule in
subsection (F), shall place the petition on the agenda for the Commission's
next regularly scheduled open meeting and provide written notice to the
petitioner of the meeting date.
2. If a petition does not comply with the
requirements prescribed under A.R.S. § 17-452,
R12-4-110,
and this Section:
a. The Department shall
return the petition to the petitioner, and
b. Indicate in writing why the petition does
not comply with this Section.
3. If the Department returns a petition to a
petitioner for a reason that cannot be corrected, the Department shall serve on
the petitioner a notice of appealable agency action under A.R.S. §
41-1092.03.
F. When the
Department receives a petition not less than 60 calendar days before a
regularly scheduled Commission meeting, the Department shall place the petition
on the agenda for that meeting. A petition received after this time will be
considered at the next regularly scheduled open meeting.
G. The petitioner may:
1. Present oral testimony in support of the
petition at the Commission meeting, in accordance with the provisions
established under
R12-4-604.
2. Withdraw the petition or request a
continuance to a later regularly scheduled open meeting at any time.
