Ariz. Admin. Code § 12-4-410

Current through Register Vol. 30, No. 41, October 11, 2024

Section R12-4-410 - Aquatic Wildlife Stocking License; Restocking License

A. An aquatic wildlife stocking or restocking license allows a person to import, possess, purchase, stock, and transport any restricted species designated on the license at the location specified on the license.

B. The aquatic wildlife stocking or restocking license is valid for no more than 20 consecutive days, except that an aquatic wildlife stocking or restocking license is valid for one calendar year when issued to a political subdivision of the state for the purpose of vector control.

C. In addition to the requirements established under this Section, an aquatic wildlife stocking or restocking license holder shall comply with the special license requirements established under R12-4-409.

D. The aquatic wildlife stocking and 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.

E. The Department shall deny an aquatic wildlife 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 an aquatic wildlife stocking license when:

1. The Department determines that issuance of the license will result in a negative impact to native wildlife; or

2. The applicant proposes to use aquatic wildlife that is not compatible with, or poses a threat to, any wildlife within the river drainage or the area where the stocking is to occur.

F. An applicant for an aquatic wildlife stocking or restocking license shall submit an application to the Department. A separate application is required for each location where the applicant proposes to use wildlife. The application is furnished by the Department and is available at any Department office and the Department's website. An applicant shall provide the following on the application:

1. The applicant's information:

a. Name;

b. Mailing address; and

c. Department ID number, when applicable;

2. When the applicant proposes to use the aquatic wildlife for a commercial purpose the applicant's business:

a. Name;

b. Mailing address; and

c. Telephone number;

3. Aquatic wildlife species information:

a. Common name of the aquatic wildlife species;

b. Number of animals for each species; and

c. Approximate size of the aquatic wildlife that will be used under the license;

4. The purpose for introducing the aquatic wildlife species;

5. For each location where the aquatic wildlife will be stocked, the owner's:

a. Name;

b. Mailing address;

c. Telephone number; and

d. Physical address or general location of the stocking site, to include river drainage and the Global Positioning System location;

6. A detailed description or diagram of the facilities where the applicant will stock the aquatic wildlife, which includes:

a. Size of waterbody proposed for stocking aquatic wildlife;

b. Nearest river, stream, or other freshwater system;

c. Points where water enters each waterbody, when applicable;

d. Points where water leaves each waterbody, when applicable; and

e. Location of fish containment barriers;

7. For each supplier from whom the applicant will obtain aquatic wildlife, the supplier's:

a. Name;

b. Mailing address; and

c. Telephone number;

8. The dates on which the person will stock aquatic wildlife;

9. Any other information required by the Department; and

10. The certification required under R12-4-409(C).

G. In addition to the requirements listed under subsection (F), when an applicant wishes to stock an aquatic species in an area where that species has not yet been introduced, is not currently established, or there is potential for conflict with Department efforts to conserve wildlife, 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 information:

1. Anticipated benefits resulting from the introduction of the aquatic live wildlife species;

2. Potential adverse economic impacts;

3. Potential dangers the introduced aquatic species may possibly create for native aquatic species and game fish, to include all of the following:

a. Determination of whether or not the introduced aquatic species is compatible with native aquatic species or game fish;

b. Potential ecological problems created by the introduced aquatic species;

c. Anticipated hybridization concerns with introducing the aquatic species; and,

d. Future plans designed to evaluate the status and impact of the species after it is introduced.

4. 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 the Department's website. The proposal must address each species listed.

H. An application for an aquatic restocking license is considered to be a renewal of the license when there are no changes to the:

1. Aquatic wildlife species,

2. The purpose for introducing the aquatic wildlife species, and

3. The facilities where the applicant stocked the aquatic wildlife.

I. An applicant for an aquatic wildlife stocking or restocking license shall pay all applicable fees required under R12-4-412.

J. An aquatic wildlife stocking or restocking license holder shall:

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 to be free of 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 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.

5. Possess the license or legible copy of the license while conducting any activities authorized under the aquatic stocking license and presents it for inspection upon the request of any Department employee or agent.

6. Dispose of wildlife only as authorized under this Section or as directed in writing by the Department.

K. An aquatic wildlife stocking or restocking license holder shall comply with the requirements established under R12-4-409.

Ariz. Admin. Code § R12-4-410

Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective 11/20/2015. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.