Ariz. Admin. Code § 12-4-421

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

Section R12-4-421 - Wildlife Service License

A. A wildlife service license authorizes a person to provide, advertise, or offer assistance in removing the live wildlife listed below to the general public. For the purposes of this Section, the following wildlife, as defined under A.R.S. § 17-101(B), are designated live wildlife:

1. Furbearing animals;

2. Javelina (Pecari tajacu);

3. Nongame animals;

4. Predatory animals; and

5. Small game.

B. A wildlife service license is not required when conducting pest control removal services authorized under A.R.S. § Title 3, Chapter 20 for the following wildlife not protected under federal regulation:

1. Rodents, except those in the family Sciuridae;

2. European starlings (Sturnus vulgaris);

3. Rosy-faced lovebirds (Agapornis roseicollis);

4. House sparrows (Passer domesticus);

5. Eurasian collared-doves (Streptopelia decaocto);

6. Rock pigeons (Columba livia); and

7. Any other non-native wildlife species.

C. A wildlife service license allows a person to conduct activities that facilitate the removal and relocation of live wildlife listed under subsection (A) when the wildlife causes property damage, poses a threat to public health or safety, or if the health or well-being of the wildlife is threatened by its immediate environment. Authorized activities include, but are not limited to, capture, removal, transportation, and relocation.

D. The wildlife service license expires on the last day of the third December from the date of issuance.

E. An employee of a governmental public safety agency is not required to possess a wildlife service license when the employee is acting within the scope of the employee's official duties.

F. In addition to the requirements established under this Section, a wildlife service license holder shall comply with the special license requirements established under R12-4-409.

G. The wildlife service 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.

H. The Department shall deny a wildlife service license to a person who fails to meet the requirements established under R12-4-409 or this Section or when the person's wildlife service privileges are suspended or revoked in any state. 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.

I. An applicant for a wildlife service license shall submit an application to the Department. The application is furnished by the Department and is available from 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;

c. Telephone number;

d. Physical description, to include the applicant's eye color, hair color, height, and weight; and;

e. Department ID number, when applicable;

2. If the applicant will perform license activities for a commercial purpose, the applicant's business:

a. Name;

b. Mailing address;

c. Telephone number; and

d. Hours and days of the week the applicant will be available for service;

3. The designated wildlife species or groups of species listed under subsection (A) that will be removed under the license;

4. The methods that the wildlife license holder will use to perform authorized activities;

5. The general geographic area where services will be performed;

6. Any other information required by the Department; and

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

J. In addition to the requirements listed under subsection (I), at the time of application, an applicant for a wildlife service license shall also submit:

1. Proof the applicant has a minimum of six months full-time employment or volunteer experience handling wildlife of the species or groups designated on the application; and

2. A written proposal that contains all of the following information:

a. Applicant's experience in the capture, handling, and removal of wildlife;

b. Specific species the applicant has experience capturing, handling, or removing;

c. General location and dates when the activities were performed;

d. Methods used to carry out the activities;

e. The methods used to dispose of the wildlife.

K. When renewing a license without change to the species or species groups authorized under the current license, the wildlife service license holder may reference supporting materials previously submitted in compliance with subsection (J).

L. An applicant for a wildlife service license shall pay all applicable fees required under R12-4-412.

M. A wildlife service license holder shall:

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

2. Facilitate the removal and relocation of designated wildlife in a manner that:

a. Is least likely to cause injury to the wildlife; and

b. Will prevent the wildlife from coming into contact with the general public.

3. Obtain special authorization from the Department regional office that has jurisdiction over the area where the activities will be conducted when performing any activities involving javelina.

4. Release captured designated wildlife only as follows:

a. Without immediate threat to the animal or potentially injurious contact with humans;

b. During an ecologically appropriate time of year;

c. Into a suitable habitat;

d. In the same geographic area as the animal was originally captured, except that birds may be released at any location statewide within the normal range of that species in an ecological suitable habitat; and

e. In an area designated by the Department regional office that has jurisdiction over the area where it was captured.

5. Euthanize the wildlife using the safest, quickest, and most humane method available.

6. Dispose of all wildlife that is euthanized or that otherwise dies while possessed under the license by burial or incineration within 30 days of death, unless otherwise directed by the Department.

7. Possess the license or legible copy of the license while conducting any wildlife service activity and presents it for inspection upon the request of any Department employee or agent.

8. Inform the Department in writing within five working days of any change in telephone number, area of service, or business hours or days.

9. Maintain records associated with the license for a period of five years following the date of disposition.

N. A wildlife service license holder may submit to the Department a written request to amend the license to add or delete authority to control and release designated species of wildlife, provided the request meets the requirements of this Section.

O. A wildlife service license holder shall not:

1. Exhibit wildlife or parts of wildlife possessed under the license.

2. Possess designated wildlife beyond the period necessary to transport and relocate or euthanize the wildlife.

3. Retain any parts of wildlife.

P. A wildlife service license holder may:

1. Euthanize designated wildlife only when authorized by the Department.

2. Give injured or orphaned wildlife to a wildlife rehabilitation license holder.

Q. A wildlife service license holder shall submit an annual report to the Department before January 31 of each year on activities performed under the license 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 wildlife service license becomes invalid if the annual report is not submitted to the Department by January 31 of each year.

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

4. The annual report shall provide a list of all services performed under the license to include:

a. The date and location of service;

b. The number and species of wildlife removed, and

c. The method of disposition for each animal removed, including the location and date of release.

R. A wildlife service license holder shall comply with the requirements established under R12-4-409 and R12-4-428.

Ariz. Admin. Code § R12-4-421

Adopted effective January 1, 1993; filed December 18, 1992 (Supp. 92-4). Amended by final rulemaking at 7 A.A.R. 2732, effective July 1, 2001 (Supp. 01-2). 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 27 A.A.R. 283, effective 7/1/2021.