A.R.S. tit. 17 ch. 2 — Arizona Revised Statutes Title 17 Chapter 2 — Game And Fish Department And Game And Fish Commission

17-201. Game and fish department and game and fish commission members; appointment; removal; meetings A. The laws of the state relating to wildlife shall be administered by the game and fish department. Control of the department is vested in the game and fish commission. The commission shall consist of five members, appointed by the governor pursuant to section 38-211. Not more than three members shall be members of the same political party, and no two members may be residents of the same county. Members shall be well informed on the subject of wildlife and requirements for its conservation. Appointments shall be for a term of five years and shall expire on the third Monday in January of the appropriate year. B. The governor may, after public hearing, remove a member for inefficiency, neglect of duty or misconduct in office. Upon removal of a member the governor shall file in the office of the secretary of state a complete statement of all charges made against the members and his findings thereon, together with a complete record of the proceedings. C. Each member of the commission while attending general or specific meetings of the commission or while performing official duties for the commission shall receive compensation as determined pursuant to section 38-611. A commission member who is otherwise employed as a public officer shall not receive such payment if it is prohibited by law. Compensation and expenses shall be paid monthly from the game and fish fund. D. The commission shall have its principal office at the state capitol but meetings may be held at any time or place within the state. The commission shall meet at least once quarterly. Meetings may be held at the call of the chairman or majority of the commission. A majority of the commission shall constitute a quorum to transact business. 17-202. Arizona game and fish commission appointment recommendation board A. The Arizona game and fish commission appointment recommendation board is established consisting of members appointed by the governor pursuant to this section and section 38-211. The board shall consist of one person who has been a resident of this state for at least five years from each of the following qualifying groups: 1. One member designated by the board of directors of an organization that is qualified pursuant to section 501(c)(3) or 501(c)(4) of the internal revenue code, whose membership consists of a significant cross-section of wildlife conservation and sportsmen organizations from throughout the state, that does not have an affiliation or charter with a national wildlife conservation or sportsman's organization and that has been in existence for at least five years. 2. One member designated by the board of directors of an organization that is qualified pursuant to section 501(c)(3) or 501(c)(4) of the internal revenue code whose articles of incorporation or bylaws stipulate that the mission or purpose of the organization is to increase, sustain or otherwise conserve wild turkey, deer, elk, pronghorn (antelope), bighorn sheep, ducks, quail or fish and that has been in existence for at least five years. 3. One member designated by the board of directors of an organization that is qualified pursuant to section 501(c)(3) or 501(c)(4) of the internal revenue code whose articles of incorporation or bylaws define it as a sportsman's organization whose membership is primarily confined to a specific geographic area or region of the state or an organization described in paragraph 2 of this subsection or is a chapter or affiliate of a national sportsman's conservation or shooting organization and that has been in existence for at least five years. 4. One member designated by the board of directors of an organization that is qualified pursuant to section 501(c)(3) or 501(c)(4) of the internal revenue code that is statewide, whose membership is comprised of cattlemen or ranchers and that has been in existence for at least five years. 5. One member of the general public or one member of a nongame organization that is qualified pursuant to section 501(c)(3) or 501(c)(4) of the internal revenue code. B. Except as otherwise provided by law, members of the board serve five year terms of office. A board member must maintain continuous membership in the organization the member represented when appointed during the entire term of office. The governor may remove a member of the board for inefficiency, conflict of interest, neglect of duty or misconduct in office and replace the member with an individual from the same organization represented by the former member. If a board member dies, resigns or is removed from office, the governor shall appoint an individual to fill the vacancy within thirty days from the same organization represented by the former member. C. Three members of the board constitute a quorum. Meetings of the board shall be held at the Arizona game and fish department main office or at a regional office as determined by the board. The department shall issue a public notice at least one week before the meeting. D. Members of the board are not eligible for compensation for their services or reimbursement of expenses. E. The board shall assist the governor by interviewing, evaluating and recommending candidates to fill vacancies on the Arizona game and fish commission as follows: 1. After the governor's call for applications for an open position on the commission and the application period is closed, the governor shall deliver a final list of the applicants to the board within five days after the close of the application period. The board shall review the list of applicants and the application submitted by each applicant and proceed to interview, evaluate and recommend candidates as provided by this subsection. 2. If the board is considering candidates to fill the office of a commission member whose designated term is about to expire: (a) On or before November 15 of each year, the board shall host a public forum to interview the commission candidates. The department shall issue a notice of the public forum at least five days before the scheduled date of the forum. (b) On or before November 25, the board shall recommend at least two, but no more than five, candidates from the governor's final list of candidates. (c) The governor must select and appoint a commissioner from the list submitted by the board. 3. If the board is considering candidates for a vacancy resulting from a commission member's death, resignation or removal from office: (a) Not later than two weeks after receipt of the final list of commission candidates from the governor, the board shall host a public forum to interview the candidates. The department shall issue a notice of the public forum at least five days before the scheduled date of the forum. (b) Within one week after the public forum, the board shall recommend at least two, but no more than five, candidates from the governor's final list of candidates. (c) The governor must select and appoint a commissioner from the list submitted by the board. F. The board shall assist the governor to identify commission applicants. 17-211. Director; selection; removal; powers and duties; employees A. The commission shall appoint a director of the Arizona game and fish department, who shall be the chief administrative officer of the game and fish department. The director shall receive compensation as determined pursuant to section 38-611. The director shall be selected on the basis of administrative ability and general knowledge of wildlife management. The director shall act as secretary to the commission, and shall serve at the pleasure of the commission. The director shall not hold any other office, and shall devote the entire time to the duties of office. B. The commission shall prepare an examination for the post of director to comply with the requirements of this title. The examination shall be conducted at the offices of the commission at the capital to establish an active list of eligible applicants. The director shall be selected from those scoring satisfactory grades and having other qualities deemed advisable by the commission. The commission may call for additional examinations from time to time for selection of a new list of eligible applicants to fill a vacancy. C. Subject to title 41, chapter 4, article 4, the director may appoint employees necessary to carry out the purposes of this title, when funds for the payment of their salaries are appropriated. Department employees shall be located in different sections of the state where their services are most needed. Compensation for persons appointed shall be as determined pursuant to section 38-611. D. The director shall: 1. Have general supervision and control of all activities, functions and employees of the department. 2. Enforce all provisions of this title, including all commission rules. 3. Collaborate with the state forester in presentations to legislative committees on issues associated with forest management and wildfire prevention and suppression as provided by section 37-1302, subsection B. E. Game rangers and wildlife managers may, in addition to other duties: 1. Execute all warrants issued for a violation of this title. 2. Execute subpoenas issued in any matter arising under this title. 3. Search without warrant any aircraft, boat, vehicle, box, game bag or other package where there is sufficient cause to believe that wildlife or parts of wildlife are possessed in violation of law. 4. Inspect all wildlife taken or transported and seize all wildlife taken or possessed in violation of law, or showing evidence of illegal taking. 5. Seize as evidence devices used illegally in taking wildlife and hold them subject to the provisions of section 17-240. 6. Generally exercise the powers of peace officers with primary duties the enforcement of this title. 7. Seize devices that cannot be lawfully used for the taking of wildlife and are being so used and hold and dispose of them pursuant to section 17-240. 17-212. Director's seal; authentication of records A. The director shall adopt a seal of office which shall be used to authenticate records and copies of records required by law to be made and kept by the department. B. The director and any department employees the director designates in writing may use the seal to authenticate records and copies of records. C. Authenticated records or authenticated copies of records shall be received in evidence without further proof of their authenticity. 17-213. Prohibition on political activity Neither the director nor any employee of the department shall take active part in a political campaign nor use his office to influence in any way an election or the results thereof. Failure to abide by the provisions of this section shall constitute grounds for dismissal of the director or any employee. 17-214. Arizona game and fish department reserve; members; powers and duties; compensation A. The commission may establish a volunteer organization known as the Arizona game and fish department reserve and prescribe the qualifications for membership. Members of the reserve serve at the pleasure of the director who has general supervision and control of all reserve activities. B. The reserve shall assist the department as an auxiliary body and perform such duties in the areas of education, conservation and enforcement as the commission prescribes by rule or regulation. The director may designate qualified reservists as peace officers in the same manner and with the same powers as game rangers and wildlife managers. Such reservists are not entitled to participate in the public safety personnel retirement system pursuant to title 38, chapter 5, article 4. C. Members of the reserve are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2. Members of the reserve are deemed to be employees of this state for the purpose of coverage under Arizona workers' compensation pursuant to title 23, chapter 6. 17-215. Fingerprint clearance card; employees; volunteers Each employee and volunteer who has contact with children or vulnerable adults as part of their regular duties must have a valid fingerprint clearance card issued pursuant to section 41-1758.07 or provide the department documentation of the person's application for a fingerprint clearance card. 17-231. General powers and duties of the commission A. The commission shall: 1. Adopt rules and establish services it deems necessary to carry out the provisions and purposes of this title. 2. Establish broad policies and long-range programs for the management, preservation and harvest of wildlife. 3. Establish hunting, trapping and fishing rules and prescribe the manner and methods that may be used in taking wildlife, but the commission shall not limit or restrict the magazine capacity of any authorized firearm. 4. Be responsible for the enforcement of laws for the protection of wildlife. 5. Provide for the assembling and distribution of information to the public relating to wildlife and activities of the department. 6. Prescribe rules for the expenditure, by or under the control of the director, of all funds arising from appropriation, licenses, gifts or other sources. 7. Exercise such powers and duties necessary to carry out fully the provisions of this title and in general exercise powers and duties that relate to adopting and carrying out policies of the department and control of its financial affairs. 8. Prescribe procedures for use of department personnel, facilities, equipment, supplies and other resources in assisting search or rescue operations on request of the director of the division of emergency management. 9. Cooperate with the Arizona-Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the department's duties and that relate to quality of life, trade and economic development in this state in a manner that will help the Arizona-Mexico commission to assess and enhance the economic competitiveness of this state and of the Arizona-Mexico region. B. The commission may: 1. Conduct investigations, inquiries or hearings in the performance of its powers and duties. 2. Establish game management units or refuges for the preservation and management of wildlife. 3. Construct and operate game farms, fish hatcheries, fishing lakes or other facilities for or relating to the preservation or propagation of wildlife. 4. Expend funds to provide training in the safe handling and use of firearms and safe hunting practices. 5. Remove or permit to be removed from public or private waters fish which hinder or prevent propagation of game or food fish and dispose of such fish in such manner as it may designate. 6. Purchase, sell or barter wildlife for the purpose of stocking public or private lands and waters and take at any time in any manner wildlife for research, propagation and restocking purposes or for use at a game farm or fish hatchery and declare wildlife salable when in the public interest or the interest of conservation. 7. Enter into agreements with the federal government, with other states or political subdivisions of the state and with private organizations for the construction and operation of facilities and for management studies, measures or procedures for or relating to the preservation and propagation of wildlife and expend funds for carrying out such agreements. 8. Prescribe rules for the sale, trade, importation, exportation or possession of wildlife. 9. Expend monies for the purpose of producing publications relating to wildlife and activities of the department for sale to the public and establish the price to be paid for annual subscriptions and single copies of such publications. All monies received from the sale of such publications shall be deposited in the game and fish publications revolving fund. 10. Contract with any person or entity to design and produce artwork on terms that, in the commission's judgment, will produce an original and valuable work of art relating to wildlife or wildlife habitat. 11. Sell or distribute the artwork authorized under paragraph 10 of this subsection on such terms and for such price as it deems acceptable. 12. Consider the adverse and beneficial short-term and long-term economic impacts on resource dependent communities, small businesses and the state of Arizona, of policies and programs for the management, preservation and harvest of wildlife by holding a public hearing to receive and consider written comments and public testimony from interested persons. 13. Adopt rules relating to range operations at public shooting ranges operated by and under the jurisdiction of the commission, including the hours of operation, the fees for the use of the range, the regulation of groups and events, the operation of related range facilities, the type of firearms and ammunition that may be used at the range, the safe handling of firearms at the range, the required safety equipment for a person using the range, the sale of firearms, ammunition and shooting supplies at the range, and the authority of range officers to enforce these rules, to remove violators from the premises and to refuse entry for repeat violations. 14. Solicit and accept grants, gifts or donations of money or other property from any source, which may be used for any purpose consistent with this title. C. The commission shall confer and coordinate with the director of water resources with respect to the commission's activities, plans and negotiations relating to water development and use, restoration projects under the restoration acts pursuant to chapter 4, article 1 of this title, where water development and use are involved, the abatement of pollution injurious to wildlife and in the formulation of fish and wildlife aspects of the director of water resources' plans to develop and utilize water resources of the state and shall have jurisdiction over fish and wildlife resources and fish and wildlife activities of projects constructed for the state under or pursuant to the jurisdiction of the director of water resources. D. The commission may enter into one or more agreements with a multi-county water conservation district and other parties for participation in the lower Colorado River multispecies conservation program under section 48-3713.03, including the collection and payment of any monies authorized by law for the purposes of the lower Colorado River multispecies conservation program. 17-232. Agreements with other states for reciprocal use of licenses The commission, subject to the approval of the governor and the attorney general, is authorized to enter into reciprocal agreements with corresponding state or county agencies of adjoining states pertaining to the establishment of a basis whereby licenses or permits issued by either of the parties may be used by the licensees within the jurisdiction of either party to the agreement. 17-233. Acquisition and disposition of buffalo and buffalo meat The commission may purchase, sell, barter, or give away buffalo or buffalo meat provided the same may be given only to public institutions or charitable institutions and monies derived therefrom shall be deposited in the game and fish fund. 17-234. Open or closed seasons; bag limits; possession limits The commission shall by order open, close or alter seasons and establish bag and possession limits for wildlife, but a commission order to open a season shall be issued not less than ten days prior to such opening date. The order may apply statewide or to any portion of the state. Closed season shall be in effect unless opened by commission order. 17-235. Migratory birds The commission shall prescribe seasons, bag limits, possession limits and other regulations pertaining to taking migratory birds in accordance with the migratory bird treaty act and regulations issued thereunder, but the commission may shorten or modify seasons, bag and possession limits and other regulations on migratory birds as it deems necessary. 17-236. Taking birds; possession of raptors A. It is unlawful to take or injure any bird or harass any bird upon its nest, or remove the nests or eggs of any bird, except as may occur in normal horticultural and agricultural practices and except as authorized by commission order. Nothing in this title shall be construed to prohibit the taking of such birds for scientific purposes under permits issued by the commission. B. The commission shall issue licenses to permit the possession and transportation of raptors for sport falconry consistent with the requirements of the migratory bird treaty act (40 Stat. 755; 16 United States Code sections 703 through 711) and the endangered species act of 1973 (P.L. 93-205; 87 Stat. 884; 16 United States Code sections 1531 through 1544). C. A person who has qualified to become a class II, general, or class III, master, falconer, as provided by commission rule, may possess, transport and use for sport falconry purposes, raptors not listed in the migratory bird treaty act (40 Stat. 755; 16 United States Code sections 703 through 711) without possessing a sport falconry license. 17-237. Pollution of waters The commission is authorized to bring suit in the name of the state against any person, corporation, or government agency, to restrain or enjoin the person, corporation, or government agency from discharging or dumping into a stream or body of water in the state any deleterious substance which is injurious to wildlife. 17-238. Special licenses for field trials, for shooting preserves and for collecting or holding wildlife in captivity A. The commission may adopt rules and regulations and issue licenses for the conduct of field trials, shooting preserves, private wildlife farms and zoos, or for the personal use and possession of wildlife so as to safeguard the interests of the wildlife and people of the state. B. The commission, at its discretion and under such regulations as it deems necessary, may issue a permit to take wildlife for scientific purposes to any person or duly accredited representative of public educational or scientific institutions, or governmental departments of the United States engaged in the scientific study of wildlife. C. A person holding a permit issued pursuant to this section may, upon advance approval by the commission, buy, sell and transport wildlife legally possessed. Each person receiving a permit under this section shall file with the department within fifteen days after requested by the department a report of his activities under the permit. The commission may revoke such licenses or permits for noncompliance with regulations. 17-239. Wildlife depredations; investigations; corrective measures; disposal; reports; judicial review A. Any person suffering property damage from wildlife may exercise all reasonable measures to alleviate the damage, except that reasonable measures shall not include injuring or killing game mammals, game birds or wildlife protected by federal law or regulation unless authorized under subsection D of this section. A person may not retain or sell any portion of an animal taken pursuant to this subsection except as provided in section 3-2403. B. Any person suffering such property damage, after resorting to the relief as is provided in subsection A of this section, may file a written report with the director, advising the director of the damage suffered, and the species of animals causing the damage, and the director shall immediately order an investigation and report by an employee trained in the handling of wild animal depredation. C. The department shall provide technical advice and assist in the necessary anti-depredation measures recommended in the report, including trapping, capturing and relocating animals. D. If harvest of animals is found to be necessary to relieve damage, the commission may establish special seasons or special bag limits, and either set reduced fees or waive any or all license fees required by this title, to crop that wildlife. If the commission determines that this cropping by hunters is impractical, it may issue a special permit for taking that wildlife to the landowner, lessee, livestock operator or municipality suffering damage, provided that the edible portions, or other portions as prescribed by the commission, of all the wildlife taken by the person suffering damage are turned over to an agent of the department for delivery to a public institution or charitable organization. E. Except as provided in section 41-1092.08, subsection H, in the event any person suffering property damage from wildlife is dissatisfied with the final decision of the commission, the person may seek judicial review pursuant to title 12, chapter 7, article 6. 17-240. Disposition of wildlife; devices; unlawful devices; notice of intention to destroy; waiting period; destruction; jurisdiction of recovery actions; disposition of unclaimed property A. Wildlife seized under this title may be disposed of in such manner as the commission or the court may prescribe, except that the edible portions shall be given to public institutions or charitable organizations. In consultation with the department of health services and the chief veterinary meat inspector, the commission shall adopt rules for the handling, transportation, processing and storing of game meat given to public institutions and charitable organizations. B. Devices, excepting firearms, which cannot be used lawfully for the taking of wildlife and being so used at the time seized may be destroyed. Notice of intention to destroy such devices as prescribed in this section must be sent by registered mail to the last known address of the person from whom seized if known and posted in three conspicuous places within the county wherein seized, two of said notices being posted in the customary place for posting public notices about the county courthouse of said county. Such device shall be held by the department for thirty days after such posting and mailing, and if no action is commenced to recover possession of such device within such time, the same shall be summarily destroyed by the department, or if such device shall be held by the court in any such action to have been used for the taking of wildlife, then such device shall be summarily destroyed by the department immediately after the decision of the court has become final. The justice court shall have jurisdiction of any such actions or proceedings commenced to recover the possession of such devices. C. Devices other than those referred to in subsection B, including firearms seized under this title shall, after final disposition of the case, be returned to the person from whom the device was seized. If the person from whom the device was seized cannot be located or ascertained, the device seized shall be retained by the department at least ninety days after final disposition of the case, and all devices so held by the department may be: 1. Sold annually. 2. Destroyed only if considered a prohibited or defaced weapon, as defined in section 13-3101, except that any seized firearm registered in the national firearms registry and transfer records of the United States treasury department or has been classified as a curio or relic by the United States treasury department shall not be destroyed. D. If no complaint is filed pursuant to this title, the device shall be returned to the person from whom seized within thirty days from the date seized. E. A complete report of all wildlife and devices seized by the department showing a description of the items, the person from whom it was seized, if known, and a record of the disposition shall be kept by the department. The money derived from the sale of any devices shall be deposited in the game and fish fund. 17-241. Acquisition and disposition of lands and waters; retention of rights; disposition of proceeds A. The commission, in the name of the state, with the approval of the governor may: 1. Acquire by purchase, lease, exchange, gift or condemnation lands for use as fish hatcheries, game farms, firing ranges, reservoir sites or rights of way to fishing waters. 2. Acquire by purchase, lease, exchange or gift lands or waters for use as fish hatcheries, game farms, shooting areas, firing ranges or other purposes necessary to carry out the provisions of this title. 3. Acquire by condemnation waters for use as fish hatcheries. The acquisition of land acquired by condemnation shall be limited to a maximum of one hundred sixty acres unless first approved by the legislature. B. The commission may, with approval of the governor and state land commissioner, lease, sublease, exchange, or sell, in the name of the state, any land acquired by gift, purchase, lease, exchange, or other method. C. Notwithstanding any other provision of law, the sale or transfer of any lands under the provisions of this section shall be subject to a reservation to the state of all mineral rights and may be subject to the right of entry thereon by the public for hunting and fishing purposes. D. Money derived from a sale or lease shall be deposited in the game and fish fund. 17-242. Guaranteeing irrigation district assessment; sale of land located within federal reclamation projects and irrigation districts A. The commission, by and with the approval of the governor and state land commissioner, may make contracts with irrigation districts in the name of the state to guarantee the payment of and to pay to the irrigation district the full amount of district assessments or charges against land owned by the game and fish commission located within a federal reclamation project, or an irrigation district which is served wholly or in part by such federal reclamation project, at any time such assessments or charges become delinquent. B. If the commission sells any of the land referred to in subsection A, it shall require at least one-fourth of the sale price to be paid at the time of sale and the balance payable in not less than twenty years. The contract of sale or other document of sale shall require that the purchaser pay such irrigation district assessments or charges before delinquency, and that failure to do so shall constitute a breach of the terms of sale. If a purchaser defaults in the payment of such irrigation district assessments or charges and the interest of the purchaser in such land is terminated, the subsequent purchaser shall pay to the commission as reimbursement the full amount of delinquent assessments due upon such land. C. The contract or other document of sale shall also require that if the purchaser defaults upon any term or condition of the sale and does not remedy the default within six months, the irrigation district may perform or remedy the default of the purchaser. When the irrigation district cures the default in the terms of sale, the interest of the purchaser shall be cancelled and his interest in such land shall be transferred to the irrigation district subject to the contract of sale. D. Nothing in this section shall be construed as creating any lien upon state lands or against the interest of the state therein, or as creating any obligation of the state to pay any charges, assessments or debts incurred by any districts other than those described in this section. 17-243. Sale of surplus products of federal aid projects; disposition of proceeds The commission may sell surplus products of federal aid wildlife projects. The proceeds of such sale shall be placed in a special game and fish fund to be known as the federal aid wildlife projects maintenance fund and may be used by the commission for maintenance of federal aid projects wherever located in the state. 17-244. Bulletin; refuge signboards; posted lands A. A hunting and fishing bulletin shall be available through all license dealers and at such places as the commission may designate. B. Notices or signboards shall be of a size not less than eight by eleven inches and as many of the notices or signboards shall be posted as the commission determines necessary to give public notice of the location of the boundaries of the closed area. The notices or signboards shall be removed immediately upon the reopening of such closed area. 17-245. Training courses The commission may: 1. Offer training courses on a voluntary basis to all persons as prescribed by rule. 2. Require any person whose hunting, fishing or guide license has been revoked or suspended to show a certificate of completion of a training course as a condition to issuance or renewal of a hunting, fishing or guide license. 17-246. Ground leases; installment purchase of facilities A. In this section and section 17-247, "game and fish facilities" has the same meaning as prescribed in section 17-281. B. For the purpose of acquiring and financing game and fish facilities and with the approval of the joint legislative budget committee the commission may: 1. Enter into leases, as lessor, of land held by the department or the commission, including land held in fee, in the name of this state, by institutional lease from the state land department or by permit from the federal government, if a game and fish facility is to be built, renovated or improved on the land and sold to the department under an installment purchase agreement. 2. Enter into installment purchase agreements pursuant to section 17-247 for the purpose of acquiring a game and fish facility. 3. Contract that any game and fish facility to be purchased is deemed to be personal property notwithstanding the fact that the facility is permanently attached to the land. 17-247. Terms of agreements Installment purchase agreements entered into under section 17-246: 1. Shall include an interest component in the payments to be made pursuant to the agreement. 2. May provide for annual, monthly or other payment periods. 3. May provide that payments be made in advance, at the start of each payment period. 4. May provide for the inception of payments before the construction, renovation or improvement of the game and fish facility being acquired. 5. May permit the sale of certificates of participation or other representations of interest in some or all of the seller's rights under the installment purchase agreement and the assignment of some or all of the seller's rights under the installment purchase agreement to a trustee on behalf of the seller and the holders of the certificates or other representations of interests. The agreements and the certificates or other representations of interest, their transfer and the income from them are free from taxation in this state and are exempt from title 44, chapter 12. 6. Shall provide that all right, title and interest in and to the game and fish facility purchased vest in this state or the department when full payment has been made and all other conditions in the agreement have been complied with. 7. Shall provide that the commission shall operate and maintain the game and fish facility during the life of the installment purchase agreement. 8. May provide either that the seller shall construct, renovate or improve the game and fish facility and turn over the completed facility to the commission or that the commission enter into and administer the construction, renovation or improvement of the facility as the seller's agent. If the commission acts as the seller's agent, the seller shall deliver to a fiscal agent agreed on by the seller and the commission monies in an amount reasonably expected to be sufficient to pay for the construction, renovation or improvement of the facility to be acquired. The monies advanced shall be held in trust until they are expended for construction, renovation or improvement of the facility. On completion of the facility, any excess monies shall be returned to the seller. If the commission acts as the agent for construction, renovation or improvement, all contracts regarding construction shall be awarded and administered pursuant to title 34, chapters 2 and 3. 9. May provide that on an event of default, which is not cured as provided in the installment purchase agreement, the commission shall vacate the game and fish facility which is the subject of the installment purchase agreement. The superior court has jurisdiction to enforce this provision by an appropriate injunction and other relief. 10. May contain such other terms, covenants and conditions as the commission prescribes. 11. May be for any term not to exceed thirty years. The installment purchase agreement is not an obligation of this state, the commission or the department in any fiscal year, except to the extent that monies for payment on the installment purchase agreement have been appropriated by the legislature and allocated for payment on the installment purchase agreement by the department for that fiscal year and the commission has executed an annual renewal of the installment purchase agreement for that fiscal year. On appropriation, allocation and annual renewal, the installment purchase agreement is a binding contract of the department in full force and effect for that fiscal year. 17-248. Certification of installment purchase agreements by the attorney general A. The commission shall submit to the attorney general any initial installment purchase agreement after all actions for the authorization of the installment purchase agreement have been taken by the commission and the department. The attorney general shall examine into and pass upon the validity of the initial installment purchase agreement submitted and the regularity of all proceedings in connection with the installment purchase agreement. If the attorney general determines that the proceedings conform to the provisions of this article and that the installment purchase agreement, when executed and delivered, will constitute a binding and legal obligation of the commission according to its terms and subject to the limitations of section 17-247, paragraph 11, the attorney general shall certify on the installment purchase agreement that it is issued in accordance with the constitution and laws of this state. B. The commission may submit to the attorney general any subsequent installment purchase agreement after all actions for the authorization of the installment purchase agreement have been taken by the commission and the department if the terms of the installment purchase agreement are substantially the same as the terms of the initial installment purchase agreement reviewed pursuant to subsection A of this section. The attorney general shall examine into and pass on the validity of any installment purchase agreement submitted and the regularity of all proceedings in connection with the installment purchase agreement. If the attorney general determines that the proceedings conform to the provisions of this article and that the installment purchase agreement, when executed and delivered, will constitute a binding and legal obligation of the commission according to its terms and subject to the limitations of section 17-247, paragraph 11, the attorney general shall certify on the installment purchase agreement that it is issued in accordance with the constitution and laws of this state. 17-249. Inmate labor The commission may contract with the state department of corrections or ARCOR enterprises for the use of inmate labor, including juveniles, in constructing, operating or maintaining game and fish facilities. 17-250. Wildlife diseases; order of director; violation; classification; rule making exemption A. If a wildlife disease is suspected or documented in freeranging or captive wildlife, the director may issue orders that are necessary to minimize or eliminate the threat from the disease. The director may also order or direct an employee of the department to: 1. After notification of and in coordination with the state veterinarian, establish quarantines and the boundary of the quarantine. 2. Destroy wildlife as necessary to prevent the spread of any infectious, contagious or communicable disease. 3. Control the movement of wildlife, wildlife carcasses or wildlife parts that may be directly related to spreading or disseminating diseases that pose a health threat to animals or humans. 4. Require any individual who has taken wildlife, who is in possession of wildlife or who maintains wildlife under a license issued by the department to submit the wildlife or parts for disease testing. B. On finding there is reason to believe an infectious, contagious or communicable disease is present, the director may require an employee of the department to enter any place where wildlife may be located and take custody of the wildlife for purposes of disease testing. If search warrants are required by law, the director shall apply for and obtain warrants for entry to carry out the requirements of this subsection. C. A person who violates any lawful order issued under this section is guilty of a class 2 misdemeanor. D. An order issued under this section is exempt from title 41, chapter 6, article 3, except that the director shall promptly file a copy of the order with the secretary of state for publication in the Arizona administrative register pursuant to section 41-1013. 17-251. Possession or use of a firearm silencer or muffler while hunting; definition A. The commission shall not adopt or enforce any rule that prohibits the lawful possession or use of a firearm silencer or muffler, including for the taking of wildlife or while hunting. B. This section does not limit the authority of the commission to prescribe the type and caliber of firearm or ammunition that may be used for taking wildlife. C. For the purposes of this section, "firearm silencer or muffler" means any device that is designed, made or adapted to muffle the report of a firearm. 17-252. Geospatial data and geographic information system services; wildlife species location information; disclosure or inspection; definitions A. Geospatial data that the department receives, maintains, shares or stores is not subject to disclosure or inspection under title 39, chapter 1, article 2 if the department provides geospatial data to the public through geographic information system services. B. Wildlife species location information is not subject to disclosure or inspection under title 39, chapter 1, article 2 for wildlife species location information on private property or when the department determines that disclosure or inspection of the information may cause harm to any wildlife species. C. For the purposes of this section, "geospatial data" and "geographic information system" have the same meaning as prescribed in section 37-171. 17-253. Mexican gray wolf; memorandum of understanding; reporting A. The commission shall attempt to enter into a memorandum of understanding with the United States fish and wildlife service regarding the endangered species act and the release, translocation and cross-fostering of Mexican gray wolves prior to any release, translocation or cross-fostering in this state. The memorandum of understanding shall specify that a Mexican gray wolf release, translocation or cross-fostering may not occur: 1. Within three miles of state trust land or private property. 2. Without a full DNA profile on each Mexican gray wolf that is released, translocated or cross-fostered. B. The department shall report to the commission at every commission meeting the following information: 1. Any known death of a Mexican gray wolf in this state and, if known, the reason for the death. 2. The number of Mexican gray wolves that are supplemented with feed in this state and the cost of the supplementation. 3. The number of Mexican gray wolves that are captured in this state by the department or a federal agency partnering with the department, the reason for the capture and the full DNA profile on each Mexican gray wolf captured. 4. The location of all collared Mexican gray wolves in this state. 5. All human and domestic animal incidents in this state that involve a Mexican gray wolf. 17-255. Definition of aquatic invasive species In this article, unless the context otherwise requires, "aquatic invasive species": 1. Means any aquatic species that is not native to the ecosystem under consideration and whose introduction or presence in this state may cause economic or environmental harm or harm to human health. 2. Does not include: (a) Any nonindigenous species lawfully or historically introduced into this state for sport fishing recreation. (b) Any species introduced into this state by the department, by other governmental entities or by any person pursuant to this title. 17-255.01. Aquatic invasive species program; powers A. The director may establish and maintain an aquatic invasive species program. B. The director may issue orders: 1. Establishing a list of aquatic invasive species for this state. 2. Establishing a list of waters or locations where aquatic invasive species are present and take steps that are necessary to eradicate, abate or prevent the spread of aquatic invasive species within or from those bodies of water. 3. Establishing mandatory conditions as provided in subsection C of this section on the movement of watercraft, vehicles, conveyances or other equipment from waters or locations where aquatic invasive species are present to other waters. C. If the presence of an aquatic invasive species is suspected or documented in this state, the director or an authorized employee or agent of the department may take one or more of the following actions to abate or eliminate the species: 1. Authorize and establish lawful inspections of watercraft, vehicles, conveyances and other equipment to locate the aquatic invasive species. 2. Order any person with an aquatic invasive species in or on the person's watercraft, vehicle, conveyance or other equipment to decontaminate the watercraft, vehicle, conveyance or equipment in a manner prescribed by rule. Notwithstanding paragraph 3 of this subsection, mandatory on-site decontamination shall not be required at a location where an on-site cleaning station charges a fee. 3. Require any person with a watercraft, vehicle, conveyance or other equipment in waters or locations where an aquatic invasive species is present to decontaminate the property before moving it to any other waters in this state or any other location in this state where aquatic invasive species could thrive. D. An order issued under subsection B or C of this section is exempt from title 41, chapter 6, article 3, except that the director shall promptly file a copy of the order with the secretary of state for publication in the Arizona administrative register pursuant to section 41-1013. 17-255.02. Prohibitions Except as authorized by the commission, a person shall not: 1. Possess, import, ship or transport into or within this state, or cause to be imported, shipped or transported into or within this state, an aquatic invasive species. 2. Notwithstanding section 17-255.04, subsection A, paragraph 4, release, place or plant, or cause to be released, placed or planted, an aquatic invasive species into waters in this state or into any water treatment facility, water supply or water transportation facility, device or mechanism in this state. 3. Notwithstanding section 17-255.04, subsection A, paragraph 4, place in any waters of this state any equipment, watercraft, vessel, vehicle or conveyance that has been in any water or location where aquatic invasive species are present within the preceding thirty days without first decontaminating the equipment, watercraft, vessel, vehicle or conveyance. 4. Sell, purchase, barter or exchange in this state an aquatic invasive species. 17-255.03. Violations; civil penalties; classification; cost recovery A. Except as otherwise provided by this section, a person who violates this article is subject to a civil penalty of not more than five hundred dollars. B. A person who knowingly violates section 17-255.02, paragraph 2 or 4 is guilty of a class 2 misdemeanor. In addition, the commission, or any officer charged with enforcing this article if directed by the commission, may bring a civil action in the name of this state to recover damages and costs against a person who violates section 17-255.02, paragraph 2 or 4. Damages and costs recovered pursuant to this subsection shall be deposited in the game and fish fund. C. The court shall order a person found in violation of section 17-255.01, subsection C, paragraph 2 to pay to this state all costs not exceeding fifty dollars incurred by this state to decontaminate any watercraft, vehicle, conveyance or other equipment on which aquatic invasive species were present. Monies paid pursuant to this subsection shall be deposited in the game and fish fund. D. This section applies regardless of whether the director establishes an aquatic invasive species program pursuant to section 17-255.01. 17-255.04. Applicability; no private right of action A. This article does not apply to the owner or operator of: 1. Any system of canals, laterals or pipes, any related or ancillary facilities, fixed equipment and structures related to the delivery of water and any discharges from the system. 2. Any water treatment or distribution facility system, any related or ancillary facilities, fixed equipment and structures and any discharges from the system. 3. Any drainage, wastewater collection, treatment or disposal facility system, any related or ancillary facilities, fixed equipment and structures and any discharges from the system. 4. A public or private aquarium and education or research institution holding a permit pursuant to section 17-238 or 17-306. 5. Any stock ponds or livestock water facilities or distribution facilities, including fixed equipment and structures related to the delivery of water and any discharges from the system. B. The director may consult with the entities listed in subsection A of this section to assist in the implementation of this article. C. This article does not create any express or implied private right of action and may be enforced only by this state. 17-261. Game and fish fund On or before the fifth day of each month the department shall deposit, pursuant to sections 35-146 and 35-147, the monies received from section 28-1177, from licenses, from the sale of goods or services at locations other than at shooting ranges that the commission owns and operates or from any other source under this title in a special fund known as the game and fish fund, which is set aside, appropriated and made available to the commission in carrying out the provisions of this title and in administering the off-highway vehicle user indicia program pursuant to title 28, chapter 3, article 20, and the monies shall be used for no other purpose. Expenditures of the monies shall be under control of the budget laws of this state and no monies shall be expended from the fund except: 1. By the annual budget and to match federal grants for wildlife restoration as provided for by the legislature. 2. For emergency purposes not to exceed twenty-five thousand dollars in any one fiscal year when authorized by the governor and the department of administration. 17-261.01. Game and fish revolving fund A. Notwithstanding the provisions of section 35-193, there is established a permanent game and fish revolving fund in an amount not to exceed thirty thousand dollars for use in making cash outlays for postage, C.O.D. packages, travel or other minor disbursements which are proper as ultimate claims for payment from the game and fish fund. The director of the department of administration shall prescribe rules and regulations for expenditures from this fund and reimbursement to the fund. B. The game and fish permanent revolving fund shall be established as a separate account on the books of the game and fish department and a full accounting of its use shall be made to the director of the department of administration annually or as required by the director of the department of administration. C. All monies deposited in the game and fish revolving fund are appropriated to the game and fish department for use as provided in this section and are exempt from the provisions of section 35-190, relating to lapsing of appropriations. 17-262. Investment of surplus funds; earned interest A. When the commission is of the opinion that the actual amount of funds held by the commission is in excess of the amount necessary to meet the immediate demands, the commission may authorize the investment of such funds, unless prohibited by federal and state rules and regulations. B. On notice from the commission, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the game and fish fund. 17-263. Membership dues The department may expend monies for membership dues in organizations dealing directly with fish and game management. 17-264. Budget appropriation The legislature shall, in its general appropriation measure and in accordance with the budget laws of the state, make an appropriation for the operation of the commission and department, the appropriation to be payable from game and fish funds. 17-265. Game and fish in-lieu fee program restoration endowment trust fund; exemption; definition A. The game and fish in-lieu fee program restoration endowment trust fund is established to be used to fulfill the department's obligations as an in-lieu fee sponsor pursuant to sections 401 and 404 of the clean water act. The commission shall administer the trust fund as trustee. B. The trust fund is a permanent endowment fund that consists of monies deposited from proceeds received by the department as an in-lieu fee sponsor pursuant to sections 401 and 404 of the clean water act, and interest and investment income earned on those monies, including: 1. Compensatory mitigation monies received from in-lieu fee permittees through the purchase of in-lieu fee mitigation credits. 2. Monies received from the United States army corps of engineers for other approved in-lieu fee programs. 3. Monies received from the United States army corps of engineers as a resolution of unauthorized activities under a completed federal enforcement action that does not involve department personnel pursuant to sections 401 and 404 of the clean water act. C. Monies in the trust fund are continuously appropriated. Monies in the trust fund do not revert to the state general fund and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. D. The state treasurer shall accept, separately account for and hold in trust any trust fund monies deposited pursuant to this section in the state treasury, which are considered to be trust monies as defined in section 35-310 and which may not be commingled with any other monies in the state treasury except for investment purposes. On notice from the commission, the state treasurer shall invest and divest, as provided by section 35-313, 35-314 or 35-314.03, any trust fund monies deposited in the state treasury, and monies earned from interest and investment income shall be credited to the trust fund. E. The beneficiaries of the trust are the in-lieu fee projects sponsored by the department pursuant to sections 401 and 404 of the clean water act. F. Monies in the trust fund shall be spent by the commission solely for the following: 1. The purposes authorized under any enabling instrument between the commission, the United States army corps of engineers and the United States environmental protection agency. 2. Site selection, design, implementation, monitoring, management and administrative costs related to the department's responsibilities as an in-lieu fee sponsor pursuant to sections 401 and 404 of the clean water act. G. For the purposes of this section, "clean water act" has the same meaning prescribed in section 49-201. 17-266. Construction by employees or force account Notwithstanding sections 41-2535 and 41-2572, the commission may build, alter, repair, improve or demolish a structure or other improvement by employees or force account if the project cost does not exceed thirty-five thousand dollars. This exemption does not apply to an office or residence building or to storage facilities for equipment and supplies. In fiscal year 1986-1987, and each fiscal year thereafter, the maximum project cost for which construction by employees or force account is authorized shall be adjusted by the annual percentage change in the GDP price deflator as defined in section 41-563, subsection E. 17-267. Land and water conservation and recreation development fund A. There is established a land and water conservation and recreation development fund. The monies of such fund may be used by the commission to pay for recreation benefits in connection with fish and wildlife restoration projects. The monies of such fund may be used to match other funds available from the Pittman-Robertson federal aid in wildlife restoration act in 50 Stat. 917, 16 U.S.C. 669-669j, the Dingell-Johnson federal aid in fish restoration act in 64 Stat. 430, 16 U.S.C.A. 777-777k and the rules and regulations pursuant thereto, land and water conservation fund act which is Public Law 88-578 of 1965 and rules and regulations pertaining thereto, the state lake improvement fund, the state game and fish restoration fund or funds available from other federal, state, county or municipal sources. The monies of such fund may also be used for purchase of engineering services, land, rights of way, water rights or for construction on a participating basis in such projects or to provide recreational facilities appurtenant thereto. B. The commission may review and recommend to the legislature in its annual budget request, projects which will provide recreation benefits in connection with fish and wildlife restoration projects. C. All monies in the land and water conservation and recreation development fund shall be subject to annual legislative appropriation. 17-268. Game, non-game, fish and endangered species fund A. A game, non-game, fish and endangered species fund is established to be used by the commission for game, non-game, fish and endangered species purposes. Monies in the fund are subject to annual legislative appropriation pursuant to section 35-143.01. B. Monies received by this state pursuant to section 43-615 shall be deposited, pursuant to sections 35-146 and 35-147, in the fund. C. On notice from the commission, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and notwithstanding section 17-262, monies earned from investment of the game, non-game, fish and endangered species fund shall be credited to the fund. 17-269. Game and fish publications revolving fund The game and fish publications revolving fund is established consisting of monies received from the sale of publications pursuant to section 17-231, subsection B, paragraph 9. The monies in the fund are appropriated to the department to produce and distribute department publications and information. Monies in the game and fish publications revolving fund that at any time are in excess of $250,000 shall immediately revert to the game and fish fund. Monies in the game and fish publications revolving fund up to an amount of $250,000 are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 17-271. W