A.R.S. tit. 17 ch. 3 — Arizona Revised Statutes Title 17 Chapter 3 — Taking And Handling Of Wildlife

17-301. Times when wildlife may be taken; exceptions; methods of taking A. A person may take wildlife, except aquatic wildlife, only during daylight hours unless otherwise prescribed by the commission. A person shall not take any species of wildlife by the aid or with the use of a jacklight, other artificial light, or illegal device, except as provided by the commission. B. A person shall not take wildlife, except aquatic wildlife, or discharge a firearm or shoot any other device from a motor vehicle, including an automobile, aircraft, train or powerboat, or from a sailboat, boat under sail, or a floating object towed by powerboat or sailboat except as expressly permitted by the commission. No person may knowingly discharge any firearm or shoot any other device upon, from, across or into a road or railway. C. Fish may be taken only by angling unless otherwise provided by the commission. The line shall be constantly attended. In every case the hook, fly or lure shall be used in such manner that the fish voluntarily take or attempt to take it in their mouths. D. It shall be unlawful to take wildlife with any leghold trap, any instant kill body gripping design trap, or by a poison or a snare on any public land, including state owned or state leased land, lands administered by the United States forest service, the federal bureau of land management, the national park service, the United States department of defense, the state parks board and any county or municipality. This subsection shall not prohibit: 1. The use of the devices prescribed in this subsection by federal, state, county, city, or other local departments of health which have jurisdiction in the geographic area of such use, for the purpose of protection from or surveillance for threats to human health or safety. 2. The taking of wildlife with firearms, with fishing equipment, with archery equipment, or other implements in hand as may be defined or regulated by the Arizona game and fish commission, including but not limited to the taking of wildlife pursuant to a hunting or fishing license issued by the Arizona game and fish department. 3. The use of snares, traps not designed to kill, or nets to take wildlife for scientific research projects, sport falconry, or for relocation of the wildlife as may be defined or regulated by the Arizona game and fish commission or the government of the United States or both. 4. The use of poisons or nets by the Arizona game and fish department to take or manage aquatic wildlife as determined and regulated by the Arizona game and fish commission. 5. The use of traps for rodent control or poisons for rodent control for the purpose of controlling wild and domestic rodents as otherwise allowed by the laws of the state of Arizona, excluding any fur-bearing animals as defined in section 17-101. 17-301.01. Protection from wildlife A. Notwithstanding any other provision of this title, any person may take wildlife in self-defense or in defense of another person if it is immediately necessary to protect oneself or to protect the other person. B. A person shall notify the department within five days after taking wildlife under this section. No animal or part of an animal taken pursuant to this section may be retained, sold or removed from the site without authorization from the department. 17-302. Taking of bear or mountain lion for protection of property; report A. Other provisions of this title notwithstanding, a landowner or lessee, who is a livestock operator and who has recently had livestock attacked or killed by bear or mountain lion, may, if he complies with subsection B, lawfully exercise such measures as necessary to prevent further damage from the offending bear or lion, including the taking of such bear or mountain lion in the following manner: 1. All traps shall be inspected within seventy-two hours and nontarget animals released without further injury. The department shall provide technical advice and assistance in the release of nontarget bears and lions. Nontarget animals seriously injured and unable to leave the scene upon release shall be humanely dispatched. Target bears and lions shall be humanely dispatched immediately. 2. Bears and lions may be taken only by means of: (a) Leg hold traps without teeth and with an open jaw spread not exceeding eight and one-half inches. (b) Leg snares. (c) Firearms. (d) Other legal hunting weapons and devices. 3. All traps and snares shall be identified as to the person or agency setting the trap or snare. 4. A livestock operator taking a lion or bear pursuant to this section shall notify a department office within five days after setting traps or initiating pursuit in any manner. The notification for both bears and lions shall include information on the number and kind of livestock attacked or killed and the name and address of the livestock operator experiencing depredation. Such information shall not be public information. 5. A livestock operator taking a bear or lion pursuant to this section shall provide reasonable evidence of having livestock recently attacked or killed if a person authorized by the director requests such evidence within forty-eight hours of the department being notified pursuant to paragraph 4. Information shall include location description of sufficient detail to allow the site of depredation and traps set to be located. Such information shall not be public information. 6. Dogs may be used to facilitate the pursuit of depredating bears and lions. B. A license or tag shall not be required for the taking of a bear or mountain lion under this section, but within ten days after the taking, the livestock operator shall file a written report with the department. The location of the take, identity of the livestock operator filing the report and location and date of livestock depredation are not public information. Such report shall also contain the following information: 1. Name and address of livestock operator experiencing depredation losses. 2. Number, ages and kinds of livestock lost. 3. Numbers and location of bears or lions taken. 4. Sex and estimated age of each bear or lion taken. 5. Location and date of livestock depredation. C. No portion of an animal taken pursuant to this section shall be retained or sold by any person except as authorized by the commission. D. No animal trapped or taken alive under this section shall be held in captivity. E. In addition to other penalties provided by law, persons not in compliance with the provisions of this section may be ordered by the department to remove devices not in compliance with the requirements of this section and to cease and desist current pursuit activities intended to take the depredating bear or lion which the livestock operator has failed to comply with the provisions of this section. F. A livestock operator entitled to take a bear or lion under the provisions of this section may contract with another person for the taking of the depredating bear or lion. The person under contract shall comply with all of the provisions of this section. 17-302.01. Taking of wolves for protection of life or property Notwithstanding any other law, the commission may not prohibit any person from taking a wolf that is actively threatening or attacking a person, livestock or other domestic animal. 17-303. Taking or driving wildlife from closed areas or while trespassing It is unlawful for any person: 1. Except by commission order, to enter on a game refuge or other area that is closed to hunting, trapping or fishing and take, drive or attempt to drive wildlife from such an area. 2. Without authorization from the landowner or lessee of private land, to take wildlife if section 17-304, subsection D, paragraph 1 or 2 applies. 17-304. Prohibition by landowner on hunting, fishing, trapping or guiding; trespassing; posting; requirements A. Landowners or lessees of private land who desire to prohibit hunting, fishing, trapping or guiding on their lands without their permission shall post such lands closed to hunting, fishing, trapping or guiding using notices or signboards. B. State or federal lands, including those under lease, may not be posted except by consent of the commission. C. The notices or signboards shall meet all of the following criteria: 1. Be at least eight inches by eleven inches with plainly legible wording in capital and bold-faced lettering at least one inch high. 2. Contain the words "no trespassing", "no hunting", "no trapping", "no fishing" or "no guiding" either as a single phrase or in any combination. 3. Be conspicuously placed on a structure or post at all points of vehicular access, at all property or fence corners and at intervals of not more than one-quarter mile along the property boundary, except that a post with one hundred square inches or more of orange paint may serve as the interval notices between property or fence corners and points of vehicular access. The orange paint shall be clearly visible and shall cover the entire aboveground surface of the post facing outward and on both lateral sides from the closed area. D. The entry of any person for the taking of wildlife is not grounds for an action for criminal trespassing pursuant to section 13-1502 unless either: 1. The land has been posted pursuant to this section and the notices and signboards also contain the words "no trespassing". 2. The person knowingly remains unlawfully on any real property after a reasonable request to leave by a law enforcement officer acting at the request of the owner, the owner or any other person having lawful control over the property or the person knowingly disregards reasonable notice prohibiting entry to any real property. 17-305. Possession of other weapons while hunting; violation; classification A. The possession of legal weapons, devices, ammunition or magazines, which are not authorized to take wildlife, is not prohibited while hunting if the weapon or device is not used to take wildlife. B. Taking wildlife by using a weapon, device, ammunition or magazine that is not authorized to take wildlife is a class 1 misdemeanor. 17-306. Importation, transportation, release or possession of live wildlife; violations; classification A. No person shall import or transport into this state or sell, trade or release within this state or have in the person's possession any live wildlife except as authorized by the commission or as defined in title 3, chapter 16. B. It is unlawful for a person to knowingly and without lawful authority under state or federal law import and transport into this state and release within this state a species of wildlife that is listed as a threatened, endangered or candidate species under 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 violates subsection B of this section is guilty of a class 6 felony. D. A person who violates subsection B of this section with the intent to disrupt or interfere with the development or use of public natural resources to establish the presence of the species in an area not currently known to be occupied by that species is guilty of a class 4 felony. 17-307. Possession, storage, sale and gift of the carcass or parts thereof of wildlife A. The carcass or parts thereof of wildlife lawfully obtained in accordance with the provisions of this title and commission regulations may be possessed by the person taking such wildlife. B. The carcass or parts thereof of wildlife lawfully obtained may be placed in storage in accordance with the provisions of this title. C. The carcass or parts thereof of wildlife lawfully produced by or lawfully obtained from a commercial wildlife breeding or processing establishment may be sold in this state. D. A person may make a gift of the carcass or parts thereof of his lawfully obtained wildlife, or he may have it prepared in a public eating place and served to himself and his guests. 17-308. Unlawful camping It is unlawful for a person to camp within one-fourth mile of a natural water hole containing water or a man-made watering facility containing water in such a place that wildlife or domestic stock will be denied access to the only reasonably available water. 17-309. Violations; classification A. Unless otherwise prescribed by this title, it is unlawful for a person to: 1. Violate any provision of this title or any rule adopted pursuant to this title. 2. Take, possess, transport, release, buy, sell or offer or expose for sale wildlife except as expressly permitted by this title. 3. Destroy, injure or molest livestock, growing crops, personal property, notices or signboards or other improvements while hunting, trapping or fishing. 4. Discharge a firearm while taking wildlife within one-fourth mile of an occupied farmhouse or other residence, cabin, lodge or building without permission of the owner or resident. 5. Take a game bird, game mammal or game fish and knowingly allow an edible portion thereof to go to waste, except as provided in section 17-302. 6. Take big game, except bear or mountain lion, with the aid of dogs. 7. Make more than one use of a shipping permit or coupon issued by the commission. 8. Obtain a license or take wildlife during the period for which the person's license has been revoked or suspended or the person has been denied a license. 9. Litter hunting and fishing areas while taking wildlife. 10. Take wildlife during the closed season. 11. Take wildlife in an area closed to the taking of that wildlife. 12. Take wildlife with an unlawful device. 13. Take wildlife by an unlawful method. 14. Take wildlife in excess of the bag limit. 15. Possess wildlife in excess of the possession limit. 16. Possess or transport any wildlife or parts of the wildlife that was unlawfully taken. 17. Possess or transport the carcass of big game without a valid tag being attached. 18. Use the edible parts of any game mammal or any part of any game bird or nongame bird as bait. 19. Possess or transport the carcass or parts of a carcass of any wildlife that cannot be identified as to species and legality. 20. Take game animals, game birds and game fish with an explosive compound, a poison or any other deleterious substances. 21. Import into this state or export from this state the carcass or parts of a carcass of any wildlife unlawfully taken or possessed. B. Unless a different or other penalty or punishment is specifically prescribed, a person who violates any provision of this title, or who violates or fails to comply with a lawful order or rule of the commission, is guilty of a class 2 misdemeanor. C. A person who knowingly takes any big game during a closed season or who knowingly possesses, transports or buys any big game that was unlawfully taken during a closed season is guilty of a class 1 misdemeanor. D. A person is guilty of a class 6 felony who knowingly: 1. Barters, sells or offers for sale any big game or parts of big game taken unlawfully. 2. Barters, sells or offers for sale any wildlife or parts of wildlife unlawfully taken during a closed season. 3. Barters, sells or offers for sale any wildlife or parts of wildlife imported or purchased in violation of this title or a lawful rule of the commission. 4. Assists another person for monetary gain with the unlawful taking of big game. 5. Takes or possesses wildlife while under permanent revocation under section 17-340, subsection C, paragraph 3. E. A peace officer who knowingly fails to enforce a lawful rule of the commission or this title is guilty of a class 2 misdemeanor. 17-310. Agreement to appear in court Game rangers, wildlife managers, and other peace officers may take any person before a magistrate within the county in which an offense is committed for a violation of any provision of this title, but any person apprehended for violating any provision of this title punishable as a misdemeanor may be issued a notice to appear before such magistrate bearing the date, time and place for such appearance, the offense charged, and the location or approximate location where the violation was committed. The notice shall be signed by the person notified to appear, and he shall be given a copy thereof and thereupon may be released from custody. Failure of such person to appear at the time and place specified shall be cause for issuance of a warrant for his arrest for failure to appear. 17-311. Duty to report shooting accident resulting in injury or death; duty to give assistance; authority of officers A. Any person who, while taking wildlife, is involved in a shooting accident resulting in injury to another person shall render every possible assistance to the injured person, and if the accident is fatal, he shall immediately report the accident to the nearest law enforcement officer available and render such assistance as may be required. B. Such person shall within ten days file with the department a full and complete written report of such accident. 17-312. Misuse of firearms A. It is unlawful for any person while taking wildlife, or while in any hunting area, to handle or discharge any firearm while intoxicated or in a careless or reckless manner or with wanton disregard for the safety of human life or property. B. Nothing in this section shall be construed in any way to limit the right of the state to prosecute any person who injures or kills another. 17-313. Disposition of fines, forfeitures and penalties; reports A. Fines, forfeitures and penalties collected for violations of this title shall be deposited, pursuant to sections 35-146 and 35-147, immediately by the officer collecting or receiving them in the wildlife theft prevention fund. B. The state treasurer shall notify the commission of all monies received and paid under the provisions of this title. C. Each justice of the peace and each clerk of a court of record shall, within twenty days after a judgment has been rendered under the provisions of this title, report in writing to the commission the results of the prosecution, the amount of fines, forfeitures and penalties collected, and disposition thereof. 17-314. Illegally taking, wounding, killing or possessing wildlife; civil penalty; enforcement A. The commission may impose a civil penalty against any person for unlawfully taking, wounding, killing or possessing any of the following wildlife, or part thereof, to recover the following minimum sums: 1. For each turkey or javelina $ 500.00 2. For each bear, mountain lion, pronghorn (antelope) or deer $1,500.00 3. For each elk or eagle, other than endangered species $2,500.00 4. For each predatory, fur-bearing or nongame animal $ 250.00 5. For each small game or aquatic wildlife animal $ 50.00 6. For each bighorn sheep, bison (buffalo) or endangered species animal $8,000.00 B. The commission may bring a civil action in the name of this state to enforce the civil penalty. The civil penalty, or a verdict or judgment to enforce the civil penalty, shall not be less than the sum fixed in this section. The minimum sum that the commission may recover from a person pursuant to this section may be doubled for a second violation, verdict or judgment and tripled for a third violation, verdict or judgment. The action to enforce the civil penalty may be joined with an action for possession and recovery had for the possession as well as the civil penalty. C. The pendency or determination of an action to enforce the civil penalty or for payment of the civil penalty or a judgment, or the pendency or determination of a criminal prosecution for the same taking, wounding, killing or possession, is not a bar to the other, nor does either affect the right of seizure under any other provision of the laws relating to game and fish. D. All monies recovered pursuant to this section shall be deposited in the wildlife theft prevention fund established by section 17-315. 17-315. Wildlife theft prevention fund; authorized expenditures A. The wildlife theft prevention fund is established consisting of: 1. Monies received from civil penalties pursuant to section 17-314. 2. Money received from donations to the fund. 3. Monies appropriated by the legislature for the purposes provided in this article. 4. Monies received as fines, forfeitures and penalties collected for violations of this title. B. Monies in the wildlife theft prevention fund shall be expended only for the following purposes: 1. The financing of reward payments to persons, other than peace officers, game and fish department personnel and members of their immediate families, responsible for information leading to the arrest of any person for unlawfully taking, wounding or killing, possessing, transporting or selling wildlife and attendant acts of vandalism. The commission shall establish the schedule of rewards to be paid for information received and payment shall be made from monies available for this purpose. 2. The financing of a statewide telephone reporting system under the name of "operation game thief", which shall be established by the director under the guidance of the commission. 3. The promotion of the public recognition and awareness of the wildlife theft prevention program. 4. Investigations of the unlawful taking, possession or use of wildlife. 5. Investigations of fraud related to licenses, permits, tags or stamps. C. The wildlife theft prevention fund shall be expended in conformity with the laws governing state financial operations. Balances remaining at the end of the fiscal year are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 17-316. Interference with rights of hunters; classification; civil action; exceptions A. It is a class 2 misdemeanor for a person while in a hunting area to intentionally interfere with, prevent or disrupt the lawful taking of wildlife by: 1. Harassing, driving or disturbing any wildlife. 2. Blocking, obstructing or impeding, or attempting to block, obstruct or impede, a person lawfully taking wildlife. 3. Erecting a barrier without the consent of the landowner or lessee with the intent to deny ingress to or egress from areas where wildlife may be lawfully taken. 4. Making or attempting to make physical contact, without permission, with a person lawfully taking wildlife. 5. Engaging in, or attempting to engage in, theft, vandalism or destruction of real or personal property. 6. Disturbing or altering, or attempting to disturb or alter, the condition or authorized placement of real or personal property intended for use in the lawful taking of wildlife. 7. Making or attempting to make loud noises or gestures, set out or attempt to set out animal baits, scents or lures or human scent, use any other natural or artificial visual, aural, olfactory or physical stimuli, or engage in or attempt to engage in any other similar action or activity, in order to disturb, alarm, drive, attract or affect the behavior of wildlife or disturb, alarm, disrupt or annoy a person lawfully taking wildlife. 8. Interjecting oneself into the line of fire of a person lawfully taking wildlife. B. It is a class 3 misdemeanor for a person to enter or remain on a designated hunting area on any public or private lands or waters or state lands including state trust lands with the intent to interfere with, prevent or disrupt the lawful taking of wildlife. C. The commission or any person properly licensed to take wildlife who is directly affected by a violation of this section may bring an action to restrain conduct declared unlawful in this section and to recover damages. D. A peace officer who reasonably believes that a person has violated this section may order the person to desist or to leave the area or arrest such person upon refusal to desist or leave. E. The conduct declared unlawful in this section does not: 1. Include any incidental interference arising from lawful activity by public land users, including ranchers, miners or recreationists. 2. Apply to landowners, permittees, lessees or their agents or contractors engaged in animal husbandry practices or agricultural operations. 17-317. Possession and containment of white amur; determination of closed aquatic system A. The commission shall establish a procedure by rule to permit the possession of certified triploid white amur (ctenopharyngodon idellus). B. The department shall evaluate potential sites for the stocking of certified triploid white amur in this state. These sites shall be in closed aquatic systems as determined by the commission. The commission shall determine what constitutes a closed aquatic system after at least one public hearing and shall consider at least the following factors: 1. Hydrologic: (a) Flood potential of the aquatic system. (b) Proximity of the aquatic system to other aquatic systems. (c) Water movement into and out of the aquatic system. 2. The risk of severe damage to the aquatic habitat in other bodies of water due to the possession and use of white amur. 17-318. Disease assessment and treatment before importing wildlife and transporting big game A. The department shall test all cloven-hoofed wildlife it introduces or imports into this state, and all cloven-hoofed big game transported and released in this state for the purpose of creating new or expanding existing populations, for presence of diseases that can be transmitted to livestock. The tests to be conducted shall be determined by consultation with the state veterinarian. The department shall treat and cure all wildlife infected with any known disease that can be transmitted to livestock before the wildlife are released in this state. B. Before introducing or importing cloven-hoofed wildlife into this state, or transporting and releasing cloven-hoofed big game in this state for purposes of creating new or expanding existing populations, the department shall determine the potential for livestock and domestic animals infecting the wildlife and, if possible, immunize the wildlife before they are released in this state. 17-319. Big game animals; carcasses; possession and transportation; salvage permit; requirements; violation; classification A. Notwithstanding any other provision of this title, the carcass of a big game animal may be possessed and transported if a peace officer or an authorized employee of the department issues a big game salvage permit. A big game salvage permit is not transferable and may be issued only as follows: 1. If the big game animal has been killed as a result of an accidental collision with a motor vehicle, to the driver of the motor vehicle or to an individual wishing to possess the carcass. 2. If the big game animal is euthanized by a peace officer or authorized employee of the department as a result of injuries sustained by an accidental collision with a motor vehicle, to the driver of the motor vehicle or to an individual wishing to possess the carcass. 3. If the big game animal died as a result of natural causes, to the individual who reports the big game animal carcass. 4. If the big game animal subsequently dies or is euthanized by a peace officer or authorized employee of the department as the result of an injury sustained from natural causes, to the individual who reports the injured big game animal. B. The department shall provide big game salvage permit forms to peace officers on request. The salvage permit form shall require the following information: 1. The name and address of the individual receiving the salvage permit. 2. A description of the big game animal that was killed or euthanized. 3. The date on which the salvage permit is issued. 4. The specific location of the big game animal. 5. A description of the motor vehicle, if applicable. 6. The destination where the carcass will be transported. 7. The name of the peace officer or the authorized employee of the department who issued the salvage permit. C. The peace officer or the authorized employee of the department shall: 1. Complete all of the information required on the salvage permit. 2. Give the original of the salvage permit to the driver of the motor vehicle or the individual wishing to possess the carcass. 3. Provide a copy of the salvage permit to the department within forty-eight hours after issuing the permit. D. A peace officer or an authorized employee of the department may inspect the carcass before issuing the big game salvage permit. E. A person who possesses the carcass of a big game animal pursuant to this section may make a gift of the carcass or parts to another individual. F. A big game salvage permit issued under this section does not represent or imply that any part of the carcass is edible. The peace officer or the authorized employee of the department issuing the salvage permit, the agency employing the peace officer and the department are not liable with respect to any use made of the carcass. G. A big game salvage permit may not be issued for a big game animal that the peace officer or authorized employee of the department suspects is diseased or spoiled. H. A person who possesses the carcass of a big game animal under authority of a big game salvage permit that was obtained by fraud is guilty of a class 1 misdemeanor. 17-320. Jaguar; protection; violations; classification; civil liability; exceptions A. Notwithstanding section 17-239 or any other provision of this title, if the secretary of the interior publishes in the federal register a determination for the removal of jaguar (felis onca) from the list as required under section 4(c) of the endangered species act of 1973, as amended, (P.L. 93-205; 87 Stat. 884; 16 United States Code sections 1531 through 1544): 1. It is unlawful for a person to knowingly kill, wound or possess a jaguar or any part thereof. 2. A person who unlawfully kills, wounds or possesses a jaguar or any part thereof: (a) Is guilty of a class 1 misdemeanor. (b) Is liable for civil damages of not more than seventy-two thousand five hundred dollars for each violation. B. Subsection A of this section does not apply to: 1. A jaguar or parts of a jaguar that were lawfully possessed under state and federal law before August 21, 1997. 2. Any person who kills or wounds a jaguar, if it can be shown by a preponderance of the evidence that the person committed an act based on a good faith belief that the person was acting to protect himself, a member of the person's family or any other individual from bodily harm from the jaguar. C. A person shall notify the department within five days after killing or wounding a jaguar under subsection B, paragraph 2 of this section. A jaguar that is killed or wounded pursuant to subsection B, paragraph 2 of this section shall not be retained, sold or removed from the site without authorization from the department. 17-331. License or proof of purchase required; violation of child support order A. Except as provided by this title, rules prescribed by the commission or commission order, a person shall not take any wildlife in this state without a valid license or a commission approved proof of purchase. The person shall carry the license or proof of purchase and produce it on request to any game ranger, wildlife manager or peace officer. B. A certificate of noncompliance with a child support order issued pursuant to section 25-518 invalidates any license or proof of purchase issued to the support obligor for taking wildlife in this state and prohibits the support obligor from applying for any additional licenses issued by an automated drawing system under this title. C. On receipt of a certificate of compliance with a child support order from the court pursuant to section 25-518 and without further action: 1. Any license or proof of purchase issued to the support obligor for taking wildlife that was previously invalidated by a certificate of noncompliance and that has not otherwise expired shall be reinstated. 2. Any ineligibility to apply for any license issued by an automated drawing system shall be removed. 17-332. Form and content of license; duplicate licenses; transfer of license prohibited; exceptions; refunds; period of validity; definitions A. Licenses and license materials shall be prepared by the department and may be furnished and charged to dealers that are authorized to issue licenses. Each license shall be issued in the name of the department and signed in a manner provided by rule adopted by the commission. With each license authorizing the taking of big game, the department shall provide such tags as the commission may prescribe, which the licensee shall attach to the big game animal in the manner prescribed by the commission. The commission may limit the number or use of licenses that are issued to nonresidents or permits that are issued to nonresidents and that are not issued in a random drawing. The commission shall limit the number of big game permits issued to nonresidents in a random drawing to ten percent or fewer of the total hunt permits, but in extraordinary circumstances, at a public meeting the commission may increase the number of permits issued to nonresidents in a random drawing if, on separate roll call votes, the members of the commission unanimously: 1. Support the finding of a specifically described extraordinary circumstance. 2. Adopt the increased number of nonresident permits for the hunt. B. The commission shall issue with each license a shipping permit entitling the holder of the license to a shipment of game or fish as provided by article 4 of this chapter. C. It is unlawful, except as provided by the commission, for any person to apply for or obtain in any one license year more than one original license permitting the taking of big game. A duplicate license or tag may be issued by the department or by a license dealer if the person requesting such a license or tag furnishes the information deemed necessary by the commission. D. A license or permit is not transferable and may not be used by anyone except the person to whom the license or permit was issued, except that: 1. The commission may prescribe the manner and conditions of transferring and using permits and tags under this paragraph, including an application process for a qualified organization, to allow a person to transfer the person's big game permit or tag to a qualified organization for use by: (a) A minor child who has a life-threatening medical condition or a permanent physical disability. (b) A minor child whose parent was killed in action while serving in the armed forces of the United States. (c) A minor child whose parent was killed in the course and scope of employment as a peace officer. (d) A minor child whose parent was killed in the course and scope of employment as a professional firefighter who is a member of a state, federal, tribal, city, town, county, district or private fire department. (e) A veteran of the armed forces of the United States who has a service-connected disability. 2. A parent, grandparent or legal guardian may allow the parent's, grandparent's or guardian's minor child or minor grandchild to use the parent's, grandparent's or guardian's big game permit or tag to take big game pursuant to the following requirements: (a) The parent, grandparent or guardian must transfer the permit or tag to the minor child in a manner prescribed by the commission. (b) The minor child must possess a valid hunting license. (c) Any big game that is taken counts toward the minor child's bag limit. E. A minor child who uses a big game permit or tag pursuant to subsection D of this section and is under fourteen years of age must satisfactorily complete the Arizona hunter education course or another comparable hunter education course that is approved by the director. F. Refunds may not be made for the purchase of a license or permit, except that the commission may prescribe a manner of refunding the cost of a big game permit or tag to the following individuals: 1. An active duty member of the armed forces of the United States who is ordered to leave this state during the time period in which the big game permit or tag is valid for the taking of wildlife. 2. A peace officer who is assigned to special duty during the time period in which the big game permit or tag is valid for the taking of wildlife. 3. A professional firefighter who is a member of a state, federal, tribal, city, town, county, district or private fire department and who is assigned to special duty during the time period in which the big game permit or tag is valid for the taking of wildlife. G. Licenses are valid for a license year as prescribed in rule by the commission. Lifetime licenses and benefactor licenses are valid for the lifetime of the licensee. H. For the purposes of this section: 1. "Disability" means a permanent physical impairment that substantially limits one or more major life activities and that requires the assistance of another person or a mechanical device for physical mobility. 2. "Qualified organization" means a nonprofit organization that is qualified under section 501(c)(3) of the United States internal revenue code and that affords opportunities and experiences to minor children with life threatening medical conditions or with physical disabilities, minor children whose parents were killed in action while serving in the armed forces of the United States or in the course and scope of employment as peace officers or professional firefighters or to veterans with disabilities. 17-333. License classifications; fees; reduced fee and complimentary licenses; annual report; review A. The commission shall prescribe by rule license classifications that are valid for the taking or handling of wildlife, fees for licenses, permits, tags and stamps and application fees. B. The commission may temporarily reduce or waive any fee prescribed by rule under this title on the recommendation of the director. C. The commission may reduce the fees for licenses and issue complimentary licenses, including the following: 1. A complimentary license to a pioneer who is at least seventy years of age and who has been a resident of this state for twenty-five or more consecutive years immediately before applying for the license. The pioneer license is valid for the licensee's lifetime, and the commission may not require renewal of the license. 2. A complimentary license to a veteran of the armed forces of the United States who has been a resident of this state for one year or more immediately before applying for the license and who receives compensation from the United States government for a permanent service-connected disability rated as one hundred percent disabling. 3. A license for a reduced fee of up to twenty-five percent less than the full license fee to a veteran of the United States armed forces who has been a resident of this state for one year or more immediately before applying for the license and who receives compensation from the United States government for a service-connected disability. 4. A license for a reduced fee that is one-half of the full license fee to a person who has been a resident of this state for one year or more immediately before applying for the license and who submits satisfactory proof to the department that the person is a veteran and a bona fide purple heart medal recipient. 5. A youth license for a reduced fee to a resident of this state who is either: (a) A member of the boy scouts of America and who has attained the rank of eagle scout. (b) A member of the girl scouts of the USA and who has received the gold award. D. All monies collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the game and fish fund established by section 17-261. E. On or before December 31 of each year, the commission shall submit an annual report to the president of the senate, the speaker of the house of representatives, the chairperson of the senate natural resources, energy and water committee and the chairperson of the house of representatives energy, environment and natural resources committee, or their successor committees, that includes information relating to license classifications, fees for licenses, permits, tags and stamps and any other fees that the commission prescribes by rule. The joint legislative audit committee may assign a committee of reference to hold a public hearing and review the annual report submitted by the commission. 17-333.02. Trapping license; education; exemption A. A person applying for a trapping license must successfully complete a trapping education course conducted or approved by the department before being issued a trapping license. The department shall conduct or approve an educational course of instruction in responsible trapping and environmental ethics. The course shall include instruction on the history of trapping, trapping ethics, trapping laws, techniques in safely releasing nontarget animals, trapping equipment, wildlife management, proper catch handling, trapper health and safety and considerations and ethics intended to avoid conflicts with other public land users. A person must pass a written examination to successfully complete the course. The department shall not approve a trapping education course conducted by any person, agency, corporation or other organization for which a fee is charged greater than an amount the commission determines per person. B. A person who is born before January 1, 1967 or who has completed, from and after December 31, 1987 and before March 1, 1993, the voluntary trapper education course on responsible trapping conducted in cooperation with the Arizona game and fish department is exempt from subsection A of this section. 17-334. Sale of licenses Hunting, fishing and other licenses shall be issued by such person as may be designated license dealers by the commission. The commission may suspend or revoke a dealer's license for failure to comply with rules specified by commission order. 17-335. Blind resident; fishing license exemption A blind resident may fish without a license and is entitled to the same privileges as the holder of a valid license. 17-335.01. Lifetime license and benefactor license A. For the purposes of this title, the commission may prescribe by rule a lifetime license and a benefactor license and privileges associated with the taking and handling of fish and wildlife in this state pursuant to section 17-333. All monies derived from the sale of lifetime licenses and benefactor licenses shall be deposited, pursuant to sections 35-146 and 35-147, in the wildlife endowment fund established by section 17-271. B. A lifetime license, benefactor license and trout stamp may be denied or suspended pursuant to, and for the offenses described in, section 17-340. C. A lifetime license, benefactor license and trout stamp remain valid if the licensee subsequently resides outside this state, but the licensee must pay the nonresident fee to purchase any additional privileges, including stamps, permits and tags required to hunt and fish in this state. Limits set by the commission on issuing nonresident stamps, permits or tags do not apply to stamps, permits or tags sold to a lifetime licensee. 17-337. Hunting and fishing licenses; armed forces members and spouses A member or the spouse of a member of the armed forces of the United States who is on active duty and stationed in this state for either permanent or temporary duty may purchase a resident license permitting the taking of wildlife. 17-337.01. Licenses for enrollees in the job corps Enrollees in the job corps created by the economic opportunity act of 1964, who are stationed within the state, shall be entitled to purchase a fishing license as provided by law for other residents of the state. 17-338. Remission of fees from sale of licenses and permits; violation; classification A. License dealers shall transmit to the department all license and permit fees collected and furnish such information as the commission prescribes by rule. The failure to transmit these fees within thirty days after the deadline the commission prescribes by rule is cause to cancel a license dealer's license. The knowing failure to transmit all collected license and permit fees within thirty days is a class 2 misdemeanor. B. A license dealer may collect and retain a reasonable fee as determined by the license dealer in addition to the fee charged to issue the license or permit. 17-339. Reports and returns by license dealers; noncompliance; classification A. Each license dealer shall by January 10, or on demand of the commission or department, return to the department: 1. All duplicate stubs, unused licenses, permits and big game tags. 2. All due and unremitted license and permit fees collected. 3. A full and complete report of the licenses, permits and big game tags returned. B. The failure to make such return within thirty days shall automatically cancel the license dealer's license, and intentional failure to comply with the provisions of this section is a class 1 misdemeanor. Any license dealer who makes a false or fraudulent return or report or who fails to submit returns, reports or all due and unremitted fees as required under this section with the intent of defrauding the department is guilty of a class 6 felony. 17-340. Revocation, suspension and denial of privilege of taking wildlife; civil penalty; notice; violation; classification A. On conviction, on entering a deferred prosecution agreement or after adjudication as a delinquent juvenile as defined in section 8-201 and in addition to other penalties prescribed by this title, the commission, after a public hearing, may revoke or suspend a license issued to any person under this title and deny the person the right to secure another license to take or possess wildlife for a period of not to exceed five years for: 1. Unlawful taking, unlawful selling, unlawful offering for sale, unlawful bartering or unlawful possession of wildlife. 2. Careless use of firearms that resulted in the injury or death of any person. 3. Destroying, injuring or molesting livestock or damaging or destroying growing crops, personal property, notices or signboards or other improvements while hunting, trapping or fishing. 4. Littering public hunting or fishing areas while taking wildlife. 5. Knowingly allowing another person to use the person's big game tag, except as provided by section 17-332, subsection D. 6. A violation of section 17-303, 17-304, 17-316 or 17-341 or section 17-362, subsection A. 7. A violation of section 17-309, subsection A, paragraph 5 involving a waste of edible portions other than meat damaged due to the method of taking as follows: (a) Upland game birds, migratory game birds and wild turkey: breast. (b) Deer, elk, pronghorn (antelope), bighorn sheep, bison (buffalo) and peccary (javelina): hind quarters, front quarters and loins. (c) Game fish: fillets of the fish. 8. A violation of section 17-309, subsection A, paragraph 1 involving any unlawful use of aircraft to take, assist in taking, harass, chase, drive, locate or assist in locating wildlife. 9. A violation of title 13 involving the taking or possession of wildlife. B. An active license revocation for an agreement to defer prosecution terminates after the licensee provides proof to the commission that: 1. The licensee satisfactorily completed the terms and obligations of a deferred prosecution program. 2. The criminal charges filed against the licensee are dismissed. 3. The licensee completed all required training courses. 4. The licensee paid in full all civil penalties imposed pursuant to section 17-314. C. On conviction or after adjudication as a delinquent juvenile and in addition to any other penalties prescribed by this title: 1. For a first conviction or a first adjudication as a delinquent juvenile, for unlawfully taking or wounding wildlife at any time or place, the commission, after a public hearing, may revoke, suspend or deny the person's privilege to take wildlife for a period of up to five years. 2. Notwithstanding subsection B of this section, for a second conviction, on entering a second agreement to defer prosecution, for a second adjudication as a delinquent juvenile or any combination of convictions, deferred prosecution agreements or adjudications that constitute a second final disposition, for unlawfully taking or wounding wildlife at any time or place, the commission, after a public hearing, may revoke, suspend or deny the person's privilege to take wildlife for a period of up to ten years. 3. Notwithstanding subsection B of this section, for a third conviction, on entering a third agreement to defer prosecution, for a third adjudication as a delinquent juvenile or any combination of convictions, deferred prosecution agreements or adjudications that constitute a third final disposition, for unlawfully taking or wounding wildlife at any time or place, the commission, after a public hearing, may revoke, suspend or deny the person's privilege to take wildlife permanently. D. In accordance with title 41, chapter 6, article 10 and notwithstanding subsection A of this section, a person against whom the commission imposes a civil penalty under section 17-314 for the unlawful taking, wounding, killing or possession of wildlife may be denied the right to obtain a license to take wildlife until the person pays the civil penalty in full. E. On receiving a report from the licensing authority of a state that is a party to the wildlife violator compact adopted under chapter 5 of this title that a resident of this state has failed to comply with the terms of a wildlife citation, the commission, after a public hearing, may suspend any license issued under this title to take wildlife until the licensing authority furnishes satisfactory evidence of compliance with the terms of the wildlife citation. F. In carrying out this section, the director shall notify the licensee, within one hundred eighty days after conviction, to appear and show cause why the license should not be revoked, suspended or denied. The notice may be served personally or by certified mail sent to the address appearing on the license. G. The commission shall furnish to license dealers the names and addresses of persons whose licenses have been revoked or suspended and the periods for which they have been denied the right to secure licenses. H. The commission may use the services of the office of administrative hearings to conduct hearings and to make recommendations to the commission pursuant to this section. I. Except for a person who takes or possesses wildlife while under permanent revocation, a person who takes wildlife in this state, or attempts to obtain a license to take wildlife, at a time when the person's privilege to do so is suspended, revoked or denied under this section is guilty of a class 1 misdemeanor. 17-341. Violation; classification A. It is unlawful for a person to knowingly purchase, apply for, accept, obtain or use, by fraud or misrepresentation a license, permit, tag or stamp to take wildlife and a license or permit so obtained is void and of no effect from the date of issuance thereof. B. Any person who violates this section is guilty of a class 2 misdemeanor. 17-342. Colorado River special use permit A. A person taking fish or amphibians for purposes other than for profit from or while on a boat or other floating device on all waters of the Colorado River south of the Nevada-Arizona boundary shall have in his possession a valid angling or fishing license issued by either the state of Arizona or the state of California. In addition to one of the above described licenses, such person shall have in his possession a valid California or Arizona-Colorado River special use permit, as provided by sections 17-343 and 17-344, which shall be obtained on payment of a fee to be fixed by the commission at not to exceed four dollars. Such a permit shall not be required to take fish or amphibians from canals, drains or ditches used to carry water from the Colorado River for irrigation or domestic purposes. B. A person having in his possession a valid Arizona fishing license must have a California-Colorado River special use permit to legally fish the waters described in subsection A of this section. A person having in his possession a valid California angling license must have an Arizona-Colorado River special use permit to legally fish the waters described in subsection A of this section. Such special use permit when accompanied by the proper license will allow the holder to fish in any portion of such waters and permit him to enter the waters from any point. C. Shore line fishing does not require a Colorado River special use permit as long as the fisherman remains on the shore of the state from which he holds a valid license and does not embark on the water. 17-343. Reciprocal sale of licenses and special use permits The Arizona game and fish department and the California department of fish and game may enter into a reciprocal agreement to handle licenses and special use permits of either state and issue them to their authorized dealers. Arizona shall by April 30 of each year make an audit report together with remittance to California covering such sales. California shall by April 30 of each year make an audit report and remittance to Arizona covering such sales. 17-344. Period of validity of special permits Arizona-Colorado river special use permits and California-Colorado river special use permits shall be valid from January 1 to December 31, inclusive, or as the commission prescribes by rule or order. 17-345. Surcharges; purposes In addition to any other fees, the commission may impose and collect: 1. A surcharge on a license, permit, tag and stamp as the commission prescribes by rule. Monies collected pursuant to this paragraph shall be segregated from other fees and deposited in the conservation development fund. 2. Surcharges on Arizona-Colorado River special use permits, California-Colorado River special use permits and Nevada-Colorado River special use permits issued in this state as provided by sections 17-342, 17-343 and 17-344. The amount of the surcharges shall be determined by the commission. A surcharge under this paragraph is to be used solely for the purpose of the lower Colorado River multispecies conservation program under section 48-3713.03. Any monies collected pursuant to this paragraph shall be segregated from other revenues and deposited, pursuant to sections 35-146 and 35-147, in a fund designated as the Colorado River special use permit clearing account. Each month, on notification by the department, the state treasurer shall pay all of the monies in the clearing account to an account designated by a multi-county county water conservation district established under title 48, chapter 22 to be used solely for the lower Colorado River multispecies conservation program and for no other purpose. 17-346. Special big game license tags In addition to any license tags issued under section 17-333, the commission may issue special big game license tags in the name of an incorporated nonprofit organization that is dedicated to wildlife conservation. No more than three special big game license tags may be issued for each species of big game in a license year. Notwithstanding section 17-332, subsection D, an organization that receives special big game license tags issued under this section may sell and transfer them if all proceeds of the sale are used in this state for wildlife management. 17-361. Trappers; licensing; restrictions; duties; reports A. The holder of a trapping license, may trap predatory, nongame, and fur-bearing mammals under such restrictions as the commission may specify. B. All traps shall be plainly identified with the name, address, or registered number of the owner, and such markings of identification shall be filed with the department. All traps in use shall be inspected daily. C. It shall be unlawful for a person to disturb the trap of another unless authorized to do so by the owner. D. Pursuant to rules and regulations of the commission, each trapping licensee shall, on dates designated by the commission, submit on forms provided by the department, a legible report of the number of each kind of predatory, nongame and fur-bearing mammal taken and the names and addresses of the persons to whom they were shipped or sold or the wildlife management units where the animals were taken. 17-362. Guide license; violations; annual report A. A person shall not act as a guide without first satisfying the director of the person's qualifications and without having procured a guide license. A person who is under eighteen years of age shall not be issued a guide license. B. If a licensed guide fails to comply with this title or is convicted of violating any provision of this title, in addition to any other penalty prescribed by this title: 1. For a first offense, the commission, after a public hearing, may revoke or suspend the guide license and deny the person the right to secure another license for a period of up to five years. 2. For a second offense, the commission, after a public hearing, may revoke or suspend the guide license and deny the person the right to secure another license for a period of up to ten years. 3. For a third offense, the commission, after a public hearing, may revoke or suspend the guide license and permanently deny the person the right to secure another license. C. By January 10 of each year, or at the request of the commission, guides shall report to the department, on forms provided by the department, the name and address of each person guided, the number of days so employed and the number and species of game animals taken. A guide license shall not be issued to any person who has failed to deliver the report to the department for the preceding license year, or until meeting such requirements as the commission may prescribe. 17-363. Practice of taxidermy; registration required; rules; register; revocation; suspension; civil penalty A. A person shall not engage in the business of a taxidermist for hire until that person registers with the department. The department shall adopt rules to allow a person to register pursuant to this section. B. A taxidermist shall: 1. Keep a register of the names and addresses of persons who furnish raw and unmounted specimens, the taker's tag or license number and the date and number of each species of wildlife received. 2. Exhibit the register on request of an authorized representative of the department. 3. Maintain the register for five years after the date the wildlife was received. 4. File a copy of the register in English with the department on or before January 31 of each year. C. After a public hearing, the commission may revoke or suspend the registration of a person who violates this section and deny the person the right to register with the department as a taxidermist for hire under subsection A of this section for a period not to exceed one year. D. A person who violates this section is subject to a civil penalty of one hundred fifty dollars. 17-364. Fur dealer's license; records; reports A. No person shall engage in the business of buying for resale any specimen of predatory, nongame and fur-bearing mammals taken within this state without obtaining a fur dealer's license. B. A fur dealer shall keep a record of the date, number and species of all pelts or furs received, the name and addresses of the persons from whom such pelts or furs were received and the names and addresses of the persons to whom such pelts or fur