|
REFERENCE TITLE: G&F; protected species; taking prohibition |
|
State of Arizona Senate Fifty-third Legislature First Regular Session 2017
|
|
SB 1182 |
|
|
|
Introduced by Senator Farley
|
AN ACT
amending sections 3‑2401, 17‑101, 17‑302, 17‑309 and 17‑314, Arizona Revised Statutes; amending title 17, chapter 3, article 1, Arizona Revised Statutes, by adding section 17‑321; relating to game and fish.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 3-2401, Arizona Revised Statutes, is amended to read:
3-2401. Control of destructive animals and noxious rodents; agreements and cooperation with federal agencies; exception
A. The director shall cooperate with the animal and plant health inspection service of the United States department of agriculture in the control and destruction or relocation of predatory wildlife, reintroduced predatory wildlife, noxious rodents and related animals that are injurious to livestock, poultry, game, agriculture, other industries and the public health in accordance with organized and systematic plans of the animal and plant health inspection service. For such purposes, the director shall enter into written agreements with the animal and plant health inspection service regarding the methods and procedure to be followed, the extent of supervision to be exercised by the state and federal agencies, respectively, and the use and expenditure of state funds. The director, in cooperation with the animal and plant health inspection service, may also enter into cooperative agreements with other governmental agencies and counties of the this state to promote the control and destruction of predatory wildlife, reintroduced predatory wildlife, noxious rodents and related animals.
B. The authority to destroy predatory wildlife, reintroduced predatory wildlife, noxious rodents and related animals does not include big game animals as defined in section 17‑101, except:
1. Bear and mountain lion taken pursuant to section 17‑302.
2. Protected felids taken pursuant to section 17‑321.
2. 3. To protect public health and safety.
Sec. 2. Section 17-101, Arizona Revised Statutes, is amended to read:
17-101. Definitions
A. In this title, unless the context otherwise requires:
1. "Angling" means the taking of fish by one line and not to exceed two hooks, by one line and one artificial lure, which may have attached more than one hook, or by one line and not to exceed two artificial flies or lures.
2. "Bag limit" means the maximum limit, in number or amount, of wildlife that may lawfully be taken by any one person during a specified period of time.
3. "Closed season" means the time during which wildlife may not be lawfully taken.
4. "Commission" means the Arizona game and fish commission.
5. "Department" means the Arizona game and fish department.
6. "Device" means any net, trap, snare, salt lick, scaffold, deadfall, pit, explosive, poison or stupefying substance, crossbow, firearm, bow and arrow, or other implement used for taking wildlife. Device does not include a raptor or any equipment used in the sport of falconry.
7. "Domicile" means a person's true, fixed and permanent home and principal residence. Proof of domicile in this state may be shown as prescribed by rule by the commission.
8. "Falconry" means the sport of hunting or taking quarry with a trained raptor.
9. "Fishing" means to lure, attract or pursue aquatic wildlife in such a manner that the wildlife may be captured or killed.
10. "Fur dealer" means any person engaged in the business of buying for resale the raw pelts or furs of wild mammals.
11. "Guide" means a person who does any of the following:
(a) Advertises for guiding services.
(b) Holds himself out to the public for hire as a guide.
(c) Is employed by a commercial enterprise as a guide.
(d) Accepts compensation in any form commensurate with the market value in this state for guiding services in exchange for aiding, assisting, directing, leading or instructing a person in the field to locate and take wildlife.
(e) Is not a landowner or lessee who, without full fair market compensation, allows access to the landowner's or lessee's property and directs and advises a person in taking wildlife.
12. "License classification" means a type of license, permit, tag or stamp authorized under this title and prescribed by the commission by rule to take, handle or possess wildlife.
13. "License year" means the twelve‑month period between January 1 and December 31, inclusive, or a different twelve-month period as prescribed by the commission by rule.
14. "Nonresident", for the purposes of applying for a license, permit, tag or stamp, means a citizen of the United States or an alien who is not a resident.
15. "Open season" means the time during which wildlife may be lawfully taken.
16. "Possession limit" means the maximum limit, in number or amount of wildlife, that may be possessed at one time by any one person.
17. "Resident", for the purposes of applying for a license, permit, tag or stamp, means a person who is:
(a) A member of the armed forces of the United States on active duty and who is stationed in:
(i) This state for a period of thirty days immediately preceding the date of applying for a license, permit, tag or stamp.
(ii) Another state or country but who lists this state as the person's home of record at the time of applying for a license, permit, tag or stamp.
(b) Domiciled in this state for six months immediately preceding the date of applying for a license, permit, tag or stamp and who does not claim residency privileges for any purpose in any other state or jurisdiction.
18. "Road" means any maintained right‑of‑way for public conveyance.
19. "Statewide" means all lands except those areas lying within the boundaries of state and federal refuges, parks and monuments, unless specifically provided differently by commission order.
20. "Take" means pursuing, shooting, hunting, fishing, trapping, killing, capturing, snaring or netting wildlife or the placing or using of any net or other device or trap in a manner that may result in the capturing or killing of wildlife.
21. "Taxidermist" means any person who engages for hire in the mounting, refurbishing, maintaining, restoring or preserving of any display specimen.
22. "Traps" or "trapping" means taking wildlife in any manner except with a gun or other implement in hand.
23. "Wild" means, in reference to mammals and birds, those species that are normally found in a state of nature.
24. "Wildlife" means all wild mammals, wild birds and the nests or eggs thereof, reptiles, amphibians, mollusks, crustaceans and fish, including their eggs or spawn.
25. "Youth" means a person who is under eighteen years of age.
26. "Zoo" means a commercial facility open to the public where the principal business is holding wildlife in captivity for exhibition purposes.
B. The following definitions of wildlife shall apply:
1. "Aquatic wildlife" are means all fish, amphibians, mollusks, crustaceans and soft‑shelled turtles.
3. 2. "Big game" are means wild turkey, deer, elk, pronghorn (antelope), bighorn sheep, bison (buffalo), peccary (javelina), and bear and mountain lion.
6. 3. "Fur‑bearing animals" are means muskrats, raccoons, otters, weasels, bobcats, beavers, badgers and ringtail cats.
13. 4. "Game fish" are means trout of all species, bass of all species, catfish of all species, sunfish of all species, northern pike, walleye and yellow perch.
2. 5. "Game mammals" are means deer, elk, bear, pronghorn (antelope), bighorn sheep, bison (buffalo), peccary (javelina), mountain lion, tree squirrel and cottontail rabbit.
10. 6. "Migratory game birds" are means wild waterfowl, including ducks, geese and swans; sandhill cranes; all coots, all gallinules, common snipe, wild doves and bandtail pigeons.
8. 7. "Nongame animals" are means all wildlife except game mammals, game birds, fur‑bearing animals, predatory animals and aquatic wildlife.
11. 8. "Nongame birds" are means all birds except upland game birds and migratory game birds.
14. 9. "Nongame fish" are means all the species of fish except game fish.
7. 10. "Predatory animals" are means foxes, skunks, and coyotes and bobcats.
11. "protected felid" means any bobcat, Canada lynx, jaguar, mountain lion or ocelot.
12. "Raptors" are means birds that are members of the order of falconiformes or strigiformes and include includes falcons, hawks, owls, eagles and other birds that the commission may classify as raptors.
5. 13. "Small game" are means cottontail rabbits, tree squirrels, upland game birds and migratory game birds.
4. 14. "Trophy" means:
(a) A mule deer buck with at least four points on one antler, not including the eye-guard point.
(b) A whitetail deer buck with at least three points on one antler, not including the eye-guard point.
(c) A bull elk with at least six points on one antler, including the eye‑guard point and the brow tine point.
(d) A pronghorn (antelope) buck with at least one horn exceeding or equal to fourteen inches in total length.
(e) Any bighorn sheep.
(f) Any bison (buffalo).
15. "Trout" means all species of the family salmonidae, including grayling.
9. 16. "Upland game birds" are means quail, partridge, grouse and pheasants.
Sec. 3. Section 17-302, Arizona Revised Statutes, is amended to read:
17-302. Taking of bear for protection of property; report
A. Other provisions of this title notwithstanding, a landowner or lessee, who is a livestock operator and who has recently had livestock attacked or killed by bear or mountain lion, may, if he the landowner or lessee complies with subsection B of this section, may lawfully exercise such measures as necessary to prevent further damage from the offending bear or lion, including the taking of such the bear or mountain lion in the following manner:
1. All traps shall be inspected within seventy‑two hours and nontarget animals released without further injury. The department shall provide technical advice and assistance in the release of nontarget bears and lions. Nontarget animals that are seriously injured and unable to leave the scene upon on release shall be humanely dispatched. Target bears and lions shall be humanely dispatched immediately.
2. Bears and lions may be taken only by means of:
(a) Leg hold Leghold traps without teeth and with an open jaw spread not exceeding eight and one‑half inches.
(b) Leg snares.
(c) Firearms.
(d) Other legal hunting weapons and devices.
3. All traps and snares shall be identified as to the person or agency setting the trap or snare.
4. A livestock operator taking a lion or bear pursuant to this section shall notify a department office within five days after setting traps or initiating pursuit in any manner. The notification for both bears and lions shall include information on the number and kind of livestock attacked or killed and the name and address of the livestock operator experiencing depredation. Such information shall is not be public information.
5. A livestock operator taking a bear or lion pursuant to this section shall provide reasonable evidence of having livestock recently attacked or killed if a person authorized by the director requests such evidence within forty‑eight hours of after the department being notified pursuant to paragraph 4 of this subsection. Information shall include location description of sufficient detail to allow the site of depredation and traps set to be located. Such information shall is not be public information.
6. Dogs may be used to facilitate the pursuit of depredating bears and lions.
B. A license or tag shall not be required for the taking of a bear or mountain lion under this section, but within ten days after the taking, the livestock operator shall file a written report with the department. The location of the take, identity of the livestock operator filing the report and location and date of livestock depredation are not public information. Such The report shall also contain the following information:
1. The name and address of the livestock operator experiencing depredation losses.
2. the number, ages and kinds of livestock lost.
3. the numbers and location of bears or lions taken.
4. The sex and estimated age of each bear or lion taken.
5. The location and date of livestock depredation.
C. No portion Portions of an animal taken pursuant to this section shall not be retained or sold by any person except as authorized by the commission.
D. No An animal trapped or taken alive under this section shall not be held in captivity.
E. In addition to other penalties provided by law, persons not in compliance with the provisions of this section may be ordered by the department to remove devices not in compliance with the requirements of this section and to cease and desist current pursuit activities intended to take the depredating bear or lion which the livestock operator has failed to comply with the provisions of this section.
F. A livestock operator entitled to take a bear or lion under the provisions of this section may contract with another person for the taking of the depredating bear or lion. The person under contract shall comply with all of the provisions of this section.
Sec. 4. Section 17-309, Arizona Revised Statutes, is amended to read:
17-309. Violations; classification
A. Unless otherwise prescribed by this title, it is unlawful for a person to:
1. Violate any provision of this title or any rule adopted pursuant to this title.
2. Take, possess, transport, release, buy, sell or offer or expose for sale wildlife except as expressly permitted by this title.
3. Destroy, injure or molest livestock, growing crops, personal property, notices or signboards, or other improvements while hunting, trapping or fishing.
4. Discharge a firearm while taking wildlife within one‑fourth mile of an occupied farmhouse or other residence, cabin, lodge or building without permission of the owner or resident.
5. Take a game bird, game mammal or game fish and knowingly permit an edible portion thereof to go to waste, except as provided in section 17‑302.
6. Take big game, except bear or mountain lion, with the aid of dogs.
7. Make more than one use of a shipping permit or coupon issued by the commission.
8. Obtain a license or take wildlife during the period for which the person's license has been revoked or suspended or the person has been denied a license.
9. Litter hunting and fishing areas while taking wildlife.
10. Take wildlife during the closed season.
11. Take wildlife in an area closed to the taking of that wildlife.
12. Take wildlife with an unlawful device.
13. Take wildlife by an unlawful method.
14. Take wildlife in excess of the bag limit.
15. Possess wildlife in excess of the possession limit.
16. Possess or transport any wildlife or parts of the wildlife that was unlawfully taken.
17. Possess or transport the carcass of big game without a valid tag being attached.
18. Use the edible parts of any game mammal or any part of any game bird or nongame bird as bait.
19. Possess or transport the carcass or parts of a carcass of any wildlife that cannot be identified as to species and legality.
20. Take game animals, game birds and game fish with an explosive compound, a poison or any other deleterious substances.
21. Import into this state or export from this state the carcass or parts of a carcass of any wildlife unlawfully taken or possessed.
B. Unless a different or other penalty or punishment is specifically prescribed, a person who violates any provision of this title, or who violates or fails to comply with a lawful order or rule of the commission, is guilty of a class 2 misdemeanor.
C. A person who knowingly takes any big game during a closed season or who knowingly possesses, transports or buys any big game that was unlawfully taken during a closed season is guilty of a class 1 misdemeanor.
D. A person is guilty of a class 6 felony who knowingly:
1. Barters, sells or offers for sale any big game or parts of big game taken unlawfully.
2. Barters, sells or offers for sale any wildlife or parts of wildlife unlawfully taken during a closed season.
3. Barters, sells or offers for sale any wildlife or parts of wildlife imported or purchased in violation of this title or a lawful rule of the commission.
4. Assists another person for monetary gain with the unlawful taking of big game.
5. Takes or possesses wildlife while under permanent revocation under section 17‑340, subsection B, paragraph 3.
E. A peace officer who knowingly fails to enforce a lawful rule of the commission or this title is guilty of a class 2 misdemeanor.
Sec. 5. Section 17-314, Arizona Revised Statutes, is amended to read:
17-314. Civil liability for illegally taking, wounding, killing or unlawfully possessing wildlife; recovery of damages
A. The commission or any officer charged with enforcement of the laws relating to game and fish, if so directed by the commission, may bring a civil action in the name of the this state against any person unlawfully taking, wounding or killing, or unlawfully in possession of, any of the following wildlife, or part thereof, and seek to recover the following minimum sums as damage:
1. For each turkey or javelina $500.00
2. For each bear, mountain lion, pronghorn (antelope)
or deer, other than trophy $1,500.00
3. For each elk or eagle, other than trophy or
endangered species $2,500.00
4. For each predatory, fur‑bearing or nongame animal $ 250.00
5. For each small game or aquatic wildlife animal $ 50.00
6. For each trophy, protected felid or endangered $8,000.00
species animal
B. No A verdict or judgment recovered by the this state in such an action shall not be for less than the sum fixed in this section. The minimum sum that the commission may seek to recover as damages from a person pursuant to this section may be doubled for a second verdict or judgment and tripled for a third verdict or judgment. The action for damages may be joined with an action for possession, and recovery had for the possession as well as the damages.
C. The pendency or determination of an action for damages or payment of a judgment, or the pendency or determination of a criminal prosecution for the same taking, wounding, killing or possession, is not a bar to the other, nor does either affect the right of seizure under any other provision of the laws relating to game and fish.
D. All monies recovered pursuant to this section shall be placed in the wildlife theft prevention fund.
Sec. 6. Title 17, chapter 3, article 1, Arizona Revised Statutes, is amended by adding section 17-321, to read:
17-321. Taking of protected felids prohibited; exceptions
A. Notwithstanding any other provision of this title, it is unlawful for a person to knowingly take a protected felid.
B. Subsection A of this section does not apply to:
1. The taking of a protected felid by a person who can show by a preponderance of the evidence that the person committed the taking based on a good faith belief that the person was acting to protect the person, a member of the person's family or any other individual from bodily harm by the protected felid. The person shall notify the department within five days after taking a protected felid under this paragraph. A protected felid or portion of a protected felid taken pursuant to this paragraph may not be retained, sold or removed from the site without authorization from the commission.
2. The taking of a protected felid by an employee or agent of the federal or state government undertaking any mandatory duties required by federal or state law.
3. Activity that is expressly authorized by the endangered species act of 1973 (P.L. 93‑205; 87 Stat. 884; 16 United States Code sections 1531 through 1544.
4. The taking of a protected felid by a landowner or lessee who is a livestock operator and who has recently had livestock attacked or killed by the protected felid, in order to prevent further damage from the protected felid, if:
(a) The taking is not otherwise prohibited by federal law or section 17-320.
(b) The livestock operator submits a written request to the department that includes a detailed description of the attack, including documented evidence of the species involved, the precise location of the attack, the date or dates on which the attack occurred, evidence that the attacks are ongoing and pictures of the scene and of the injured or killed livestock.
(c) The department finds, based on the written request, that the livestock attacks have most likely been caused by a protected felid.
(d) If the livestock operator uses traps to take the protected felid, the traps are not designed to kill and comply with section 17-301. All traps shall be inspected within twenty‑four hours and nontarget animals released without further injury. The department shall provide technical advice and assistance in the release of nontarget protected felids. Target protected felids shall be humanely dispatched immediately. In addition to other penalties provided by law, persons not in compliance with this subdivision may be ordered by the department to remove devices that are not in compliance with the requirements of this subdivision.
(e) The person setting the traps is identified.
(f) Dogs are not used during the taking of any protected felid pursuant to this paragraph.
(g) Within ten days after the taking, the livestock operator files a written report with the department. A license or tag is required for the taking of a protected felid under this paragraph.
(h) No portion of a protected felid taken under this paragraph is retained or sold by any person except as authorized by the commission.
(i) No protected felid trapped or taken alive under this paragraph is held in captivity unless the protected felid is held in captivity for the purpose of rehabilitation by a licensed wildlife rehabilitator.
(j) any person contracting with the livestock operator to take the protected felid complies with this paragraph.
5. The taking of a protected felid by a person holding a wildlife rehabilitation license issued by the department, provided that the protected felid is not exported to a zoo, unless the zoo is accredited by an association of zoos and aquariums.
C. The commission, at the commission's discretion and under regulations the commission deems necessary, may issue a permit to take a protected felid for scientific purposes to further the protection of the species to any person or duly accredited representative of a public educational or scientific institution or a governmental department of the United States engaged in the scientific study of wildlife. A taking authorized under this subsection is not a taking for the purpose of killing the protected felid.