Ariz. Admin. Code § 12-4-414

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

Section R12-4-414 - Game Bird License

A. A game bird license authorizes a person to conduct certain activities with the captive pen-reared game birds specified on the license and only at the location or locations specified on the license, as described below:

1. Game Bird Hobby:

a. Authorizes a license holder to:

i. Possess no more than 50 captive pen-reared game birds at any one time;

ii. Export, import, kill, possess, propagate, purchase, and transport the captive pen-reared game birds specified on the license for personal, noncommercial purposes only; and

iii. Gift a captive pen-reared game bird to another special license holder who is authorized to possess the game bird species.

b. The following captive pen-reared game bird species may be possessed by a Game Bird Hobby license holder:

i.Alectoris chukar, Chukar;

ii.Callipepla californica, California or valley quail;

iii.Callipepla gambelii, Gambel's quail;

iv.Callipepla squamata, Scaled quail;

v.Colinus virginianus, Northern bobwhite, subject to the restriction specified under subsection (D);

vi.Cyrtonyx montezumae, Montezuma or Mearn's quail; and

vii.Dendragapus obscurus, Dusky grouse.

c. The license holder shall immediately report to the Department any mortality event that results in the loss of 10% or more of the adult game birds held on the facility and allow the Department to collect samples from the affected game birds for disease testing purposes as prescribed under A.R.S. § 17-250.

d. The Game Bird Hobby license expires on the last day of the third December from the date of issuance.

2. Game Bird Shooting Preserve:

a. Authorizes a license holder to:

i. Release captive pen-reared game birds for the purpose of hunting or shooting.

ii. Export, display, gift, import, kill, offer for sale, possess, propagate, purchase, trade, and transport the captive pen-reared game birds specified on the license.

b. The following captive pen-reared game bird species may be possessed by a Game Bird Shooting Preserve license holder:

i.Alectoris chukar, Chukar;

ii.Anas platyrhynchos, Mallard duck, provided all mallard ducks and progeny are physically marked as required under 50 CFR 21.13, revised October 1, 2019, which is incorporated by reference;

iii.Colinus virginianus, Northern bobwhite, subject to the restriction specified under subsection (D); and

iv.Phasianus colchicus, Ringneck and Whitewing pheasant.

c. The license holder shall :

i. Restrict the release and take of the live captive pen-reared game birds on private lands to an area not more than 1,000 acres.

ii. Immediately report to the Department any mortality event that results in the loss of 10% or more of the adult game birds held on the facility and allow the Department to collect samples from the affected game birds for disease testing purposes as prescribed under A.R.S. § 17-250.

d. The license holder may charge a fee to allow persons to take captive pen-reared game birds on the shooting preserve.

e. A person is not required to possess a hunting license when taking a captive pen-reared game bird released under the provisions of this Section.

f. A captive pen-reared game bird released under a Game Bird Shooting Preserve license may be taken with any method designated under R12-4-304.

g. The Game Bird Shooting Preserve license expires on the last day of the third December from the date of issuance.

3. Game Bird Field Trial:

a. Authorizes a license holder to:

i. Release and take captive pen-reared game birds for the purpose of conducting a competition to test the performance of hunting dogs in one field trial event;

ii. Import, kill, possess, purchase within the State, and transport the captive pen-reared game birds specified on the license for one field trial event; and

iii. Export, gift, kill, or transport any captive pen-reared game bird held after the field trial event.

b. The following captive pen-reared game bird species may be possessed by a Game Bird Field Trial license holder:

i.Alectoris chukar, Chukar;

ii.Anas platyrhynchos, Mallard duck, provided all mallard ducks and progeny are physically marked as required under 50 CFR 21.13, revised October 1, 2019, which is incorporated by reference;

iii.Colinus virginianus, Northern bobwhite, subject to the restriction specified under subsection (D);

iv.Phasianus colchicus, Ringneck and Whitewing pheasant.

c. A person is not required to possess a hunting license in order to participate in a field trial event held under the provisions of this Section.

d. A captive pen-reared game bird released under a Game Bird Field Trial license may be taken with any method designated under R12-4-304.

e. The Game Bird Field Trial license is valid for no more than ten consecutive days.

4. Game Bird Field Training:

a. Authorizes a license holder to:

i. Release and take released live captive pen-reared game birds specified on the license for the purpose of training a dog or raptor to hunt game birds; and

ii. Import, possess, purchase within the State, and transport the captive pen-reared game birds specified on the license; and

iii. Export, gift, kill, or transport any captive pen-reared game bird possessed under the license.

b. The following captive pen-reared game bird species may be possessed by a Game Bird Field Training license holder:

i.Alectoris chukar, Chukar;

ii.Anas platyrhynchos, Mallard duck, provided all mallard ducks and progeny are physically marked as required under 50 CFR 21.13, revised October 1, 2019, which is incorporated by reference;

iii.Colinus virginianus, Northern bobwhite, subject to the restriction specified under subsection (D)(2)(b);

iv.Phasianus colchicus, Ringneck and Whitewing pheasant.

c. A person is not required to possess a hunting license when taking a captive pen-reared game bird released under the provisions of this Section.

d. A captive pen-reared game bird released under a Game Bird Field Training license may be taken with any method designated under R12-4-304.

e. The Game Bird Field Training license expires on the last day of the third December from the date of issuance.

5. For subsections (A)(2)(b)(ii), (A)(3)(b)(ii), and (A)(4)(b)(ii), 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. This incorporation by reference does not include any later amendments or editions of the incorporated material.

B. In addition to the requirements established under this Section, a game bird license holder shall comply with the special license requirements established under R12-4-409.

C. The game bird 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; 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.

D. The Department shall deny a game bird license to a person who fails to meet the requirements 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 may deny a game bird license when:

1. The applicant proposes to release captive pen-reared game birds:

a. At a location where an established wild population of the same species exists.

b. During nesting periods of upland game birds or waterfowl that nest in the area.

2. The applicant requests a license:

a. For the sole purpose described under subsection (A)(1) and proposes to possess more than 50 captive pen-reared game birds at any one time.

b. To possess Northern bobwhites, Colinus virginianus, in any one of the following game management units, as described under R12-4-108; 36A, 36B, and 36C.

3. The Department determines the:

a. Authorized activity listed under this Section may pose a threat to native wildlife, wildlife habitat, or public health or safety.

b. Escape of any species listed on the application may pose a threat to native wildlife or public health or safety.

c. Release of captive pen-reared game birds may interfere with a wildlife or habitat restoration program.

E. An applicant for a game bird license shall submit an application to the Department. A person applying for multiple Game Bird Field Trial licenses shall submit a separate application for each date and location where a competition will occur. The application is furnished by the Department and is available at any Department office and on the Department's website. An applicant shall provide the following information on the application:

1. The applicant's information:

a. Name;

b. Mailing address, when applicable;

c. Physical address;

d. Telephone number; and

e. Department ID number, when applicable;

2. For captive pen-reared game birds to be used under the license:

a. Common name of game bird species;

b. Number of animals for each species; and

c. When the applicant is renewing a Game Bird Hobby or Shooting Preserve license, the species and number of animals for each species currently held in captivity under the license;

3. The type of game bird license:

a. Game Bird Hobby;

b. Game Bird Shooting Preserve;

c. Game Bird Field Trial; or

d. Game Bird Field Training;

4. For each location where captive pen-reared game birds will be held, the owner's:

a. Name;

b. Mailing address, when applicable;

c. Telephone number; and

d. Physical address or general location description and Global Positioning System location, when available;

5. For each location where captive pen-reared game birds will be released, the land owner's or agency's:

a. Name;

b. Mailing address, when applicable;

c. Telephone number; and

d. Physical address or general location description and Global Positioning System location, when available; and

6. For each captive pen-reared game bird supplier from whom the applicant will obtain game birds, the supplier's:

a. Name;

b. Mailing address; and

c. Telephone number;

7. An applicant who is applying for a Game Bird Shooting Preserve or Field Trial license and intends to use the captive pen-reared game birds for a commercial purpose shall also provide the applicant's business:

a. Name;

b. Mailing address; and

c. Telephone number;

8. An applicant who intends to use the captive pen-reared game birds for an activity affiliated with a sponsoring organization shall also provide the organization's:

a. Name;

b. Mailing address; and

c. Telephone number of the organization chair or local chapter;

9. An applicant who is applying for a Game Bird Field Trial license shall also specify the range of dates within which the field trial event will take place, not to exceed a 10-day period;

10. An applicant who is applying for a Game Bird Hobby or Game Bird Shooting Preserve license shall also provide a detailed description or diagram of the facilities where the applicant will hold captive pen-reared game birds and a description of how the facilities comply with the requirements established under R12-4-428 and any other captivity standards established under this Section;

11. Any other information required by the Department; and

12. The certification required under R12-4-409(B).

F. An applicant for a game bird license shall pay all applicable fees required under R12-4-412.

G. A game bird license holder shall:

1. Comply with all additional stipulations placed on the license by the Department, as authorized under R12-4-409(H).

2. 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.

3. Possess the license or legible copy of the license while conducting any activity authorized under the game bird license and present it for inspection upon the request of any Department employee or agent.

4. Ensure each shipment of captive pen-reared game birds imported into the state is accompanied by a health certificate.

a. The certificate shall be issued no more than 30 days prior to the date on which the game birds are shipped.

b. A copy of the certificate shall be submitted to the Department prior to importation.

5. Provide each person who transports captive pen-reared game birds taken under the game bird license with documentation that includes all of the following:

a. Name of the game bird license holder;

b. Game bird license number;

c. Date the captive pen-reared game bird was obtained;

d. Number of captive pen-reared game birds, by species; and

e. When the captive pen-reared game birds are being shipped:

i. Name of the person or common carrier transporting the shipment, and

ii. Name of the person receiving the shipment.

6. Maintain records of all captive pen-reared game birds possessed under the license for a period of five years. In addition to the information required under subsections (G)(5)(a) through (G)(5)(b), the records shall also include:

a. The game bird license holder's:

i. Name;

ii. Mailing address;

iii. Telephone number; and

iv. Special license number;

b. Copies of the annual report required under subsection (H);

7. Dispose of captive pen-reared game birds only as authorized under this Section or as directed by the Department.

8. Conduct license activities solely at the locations and within the timeframes approved by the Department. A Game Bird License holder may request permission to amend the license to conduct activities authorized under the license at an additional location by submitting the application required under subsection (E) to the Department.

H. A game bird 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 game bird license becomes invalid if the annual report is not submitted to the Department by January 31 of each year.

3. The Department shall not process the special license holder's renewal application until the annual report is received by the Department.

4. The annual report shall include all of the following information, as applicable:

a. Number of all captive pen-reared game birds, by species and the date obtained;

b. Source of all captive pen-reared game birds and the date obtained;

c. Number of offspring propagated by all captive pen-reared game birds; and

d. For all captive pen-reared game birds disposed of by the license holder:

i. Number, species, and date of disposition; and

ii. Manner of disposition to include the names and addresses of persons to whom the wildlife was bartered, given, or sold, when authorized.

I. A game bird license holder shall comply with the requirements established under R12-4-428.

J. A game bird released under a game bird license and found outside of the location specified on the license shall become property of the State and is subject to the requirements prescribed under A.R.S. Title 17 and 12 A.A.C. 4, Article 3.

Ariz. Admin. Code § R12-4-414

Adopted effective April 28, 1989 (Supp. 89-2). 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 23 A.A.R. 2525, effective 9/6/2017. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.