A.R.S. tit. 17 ch. 4 — Arizona Revised Statutes Title 17 Chapter 4 — Conservation Projects And Federal Cooperation

17-401. Definitions In this article, unless the context otherwise requires: 1. "Secretary" means the secretary of the interior of the United States, or any officer or agency of the United States authorized to administer the restoration acts. 2. "Restoration acts" means the Pittman-Robertson federal aid in wildlife restoration act found in 50 Stat. 917, 16 U.S.C.A. sections 669 through 669j; and the Dingell-Johnson federal aid in fish restoration act found in 64 Stat. 430, 16 U.S.C.A. sections 777 through 777k, and includes the rules and regulations issued by the secretary pursuant thereto. 3. "Restoration projects" or "projects" means a project for selection, restoration, rehabilitation or improvement of areas of land or water adaptable as feeding, resting or breeding places for wildlife or fish, and includes acquisition by purchase, lease or gift of the property or interest therein as may be suitable or capable of being made suitable therefor, and the construction of such works as may be necessary to efficient administration of wildlife resources, and such preliminary or incidental expenses as may be incurred in and about the project. 17-402. Acceptance of federal aid acts A. The state assents to the provisions of Public Law 415, 75th Congress, chapter 899, first session, and Public Law 681, 81st Congress, chapter 658, second session. B. The commission shall be the agency of the state for the purposes of this article. 17-403. Restoration projects The commission may cooperate and enter into agreements with the secretary for establishment, maintenance and completion of restoration projects, pursuant to the restoration acts. 17-404. Acquisition of lands The commission, in the name of the state and with approval of the governor, may acquire by purchase, lease or gift, either for cash or upon installments, such lands or other property or interest therein as may be necessary for the purpose of carrying on a restoration project pursuant to an agreement entered into between the commission and the secretary. 17-405. Acceptance of grants A. The commission shall notify the secretary of its desires to avail itself of monies apportioned not later than sixty days after receipt of certification by the secretary of the estimated amount to be apportioned to this state. B. Upon receipt of final certification by an agency of the federal government allocating funds to this state for any fiscal year or portion thereof available to the Arizona game and fish department, the commission shall transfer this state's share of the amount so allocated from any monies appropriated by the legislature of this state for the purpose of carrying out wildlife programs and if the monies are insufficient, the commission may transfer from the game and fish fund such sum as it deems advisable to further match the federal apportionments. Monies received from funds of the United States shall be deposited in the federal aid accounts. Claims against the accounts shall be made and paid in the manner provided by law for payment of claims against the game and fish fund. C. Monies in the federal aid accounts shall be expended solely for work allowable under the provisions of the projects. 17-406. Revolving fund; appropriation; purpose and reimbursement A. There is established a permanent revolving fund to be known as the game and fish revolving fund. B. The fund is appropriated for the initial financing or continuation of projects approved in compliance with the provisions of the restoration acts of Congress known as the Pittman-Robertson act and the Dingell-Johnson act and provisions of section 17-402 and other wildlife projects in which the cost may be partially or wholly reimbursed from federal funds. C. Funds received from the federal government for deposit and appropriated state matching money shall be deposited to the credit of the revolving fund to the extent of expenditures therefrom. D. This article is exempt from the provisions of section 35-190 relating to lapsing appropriations. 17-407. Acquisition of lands by United States for migratory bird conservation A. Notwithstanding section 37-620.01, the consent of this state is given pursuant to title 16 United States Code section 715f and article I, section 8, clause 17 of the Constitution of the United States for the acquisition by the United States of land and any buildings and other improvements required for migratory bird conservation purposes. B. This state shall maintain concurrent civil and criminal jurisdiction over persons on lands acquired by the United States under this section. 17-421. Right to conduct fish hatching and culture; limitations A. The secretary of the interior is granted the privilege to conduct fish hatching, fish culture and other operations connected therewith, including the acquisition of land, with the approval of the commission, in any manner and at any time that may be considered by the secretary necessary and proper, any laws of the state to the contrary notwithstanding. B. Nothing in this section shall be construed as permitting or granting to the secretary jurisdiction over or interference with the established activities or facilities of the department nor shall this section be construed as contravening any law of this state relating to public health or water rights. 17-451. Definitions In this article, unless the context otherwise requires: 1. "Cross-country" means travel over the countryside other than by road. 2. "Road" means any maintained or unmaintained road that has been utilized by the public. 17-452. Restrictions on motor vehicle use; recommendations; agreements; rules A. When the commission determines that the operation of motor vehicles within a certain area, except private land, is or may be damaging to wildlife reproduction, wildlife management or wildlife habitat of such area, the commission, with the concurrence of the land management agency involved and after a public hearing, may order such area closed to motor vehicles for not more than five years from the date of such closure, provided that all roads in such area shall remain open unless specifically closed. B. The commission may also recommend that particular areas of land be set aside or made available for the use of recreational vehicles. C. The commission may enter into agreements with landowners and agencies controlling areas that the commission has made recommendations on pursuant to subsection B. Any such agreement shall stipulate the restrictions, prohibitions and permitted uses of motor vehicles in such area and the duties of the commission and such landowner or agency relating to the enforcement of the terms of such agreement. D. The commission shall adopt rules pursuant to title 41, chapter 6 to carry out the provisions of this section. 17-453. Notices of restrictions; posting; publication A. For all areas specified under agreements pursuant to section 17-452, the commission shall cause notices of the restrictions, prohibitions or permitted uses of such area to be posted, prior to the effective date of such restrictions, prohibitions or permitted uses, on the main traveled roads and highways entering such area and such locations that the commission deems appropriate. B. In addition to the posted notices required by subsection A of this section, the commission shall cause a notice of such restrictions, prohibitions or permitted uses, together with a description of the area, to be published three times in a newspaper of general circulation in the state prior to the effective date of such restrictions, prohibitions or permitted uses. 17-454. Prohibition against vehicle travel No person shall drive a motor operated vehicle cross-country on public or private lands where such cross-country driving is prohibited by rule or regulation or, in the case of private lands, by proper posting. 17-455. Exceptions A. The restrictions, prohibitions or permitted uses established pursuant to section 17-452 shall not apply to: 1. Public employees acting in the scope of their employment. 2. Valid licensees and permittees of state agencies and land management agencies. Holders of such licenses and permits shall be limited to the specific purposes and areas of travel for which such licenses or permits were issued or granted. 3. Necessary travel within or across restricted or prohibited land by employees and agents of public utilities, subject to Arizona corporation commission (or any successor agency) or federal power commission regulation, of suppliers of water or power acting as agents of the federal government, and employees or agents of mining companies exercising rights pursuant to any state or federal mining law or regulation. Other persons who are regularly engaged in prospecting or mineral exploration shall upon application be issued vehicular access permits by the director. 4. A licensed hunter who enters an area solely to pick up a big game animal which he has legally killed. B. Emergency situations, such as fire or other disasters, or when otherwise necessary to protect life or property shall not require a permit. C. Parking and camping shall be allowed along open roads in closed areas, except that no vehicle shall be parked or operated at a distance greater than three hundred feet from such roads. 17-456. Expenditure of funds; source; functions The commission may expend such funds as may become available from general fund appropriations to carry out the provisions of this article, including, but not limited to: 1. Investigations and surveys of actual or possible wildlife habitat damage by motor vehicles and the study of areas to be recommended for recreational vehicle use. 2. Posting notices of restrictions, prohibitions and permitted uses of motor vehicles. 3. Providing maps. 4. An informational and educational program on wildlife habitat preservation and restoration. 5. The enforcement of the provisions of this article. 17-457. Enforcement of article All peace officers of the state, counties and municipalities and other duly authorized state employees may enforce the provisions of this article. 17-458. Violations; classification Any person who violates any provision of this article or any rule or regulation adopted pursuant to this article is guilty of a class 3 misdemeanor. 17-471. Wildlife habitat restoration and enhancement fund; commission duties A. The wildlife habitat restoration and enhancement fund is established consisting of legislative appropriations for specific wildlife habitat restoration and enhancement projects. Monies in the fund are subject to legislative appropriation and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. On notice from the director of the Arizona game and fish department, the state treasurer shall invest and divest monies in the fund as provided in section 35-313 and monies earned from investment shall be credited to the fund. B. The commission shall: 1. Monitor and have oversight of specific projects for which the legislature appropriates monies to the wildlife habitat restoration and enhancement fund. 2. If necessary, change the priority of appropriated projects under its oversight, but any change in priority shall be subject to approval of the commission at a public hearing. 3. Submit a semiannual report on the work, goals, objectives and funding of the wildlife habitat restoration and enhancement fund to the governor, the president of the senate, the speaker of the house of representatives, the chairpersons of the senate and house of representatives appropriations committees and provide a copy of the report to the secretary of state and the director of the Arizona state library, archives and public records. 17-481. Application of aquatic poisons; analysis; notice; exceptions A. The department shall not apply rotenone or antimycin A for any purpose to any spring, seep, watershed, stream, river, stockpond, irrigation water delivery system, lake or other body of standing or running water in this state until conducting and submitting to the commission a full impact analysis of any risks posed to the environment and to downstream potable water supplies and livestock water sources. On receipt and review of the analysis, the commission shall issue either: 1. A written approval if the commission finds the application will not endanger the health of the environment, humans or livestock. 2. A written disapproval of the analysis. B. The department must: 1. Provide at least ten days' advance written notice to all owners, lessees and permittees of real property, including federal and state public lands that are contiguous with the treatment area as defined in the impact analysis, and publish general notice in two publications in a daily or weekly newspaper of general circulation in the general area in which the rotenone or antimycin A will be applied. 2. Conduct soil and water analyses: (a) Before applying rotenone or antimycin A to establish baseline levels. (b) After application to monitor downstream levels in soil, potable water supplies and livestock water sources. The department shall continue to monitor the downstream levels until they return to pretreatment baseline levels. C. This article does not apply if the application is both: 1. To a reservoir, or to a water body for purposes of operating a reservoir or delivering water from a reservoir or system of reservoirs, that has a capacity of at least ten thousand acre feet, or to the Colorado River below and including Lake Mead. 2. Pursuant to a federally issued incidental take permit pursuant to the federal endangered species act. 17-491. Livestock loss board; members; terms; compensation; annual report A. The livestock loss board is established to address the depredation of wolves on livestock operations. The livestock loss board consists of the following members: 1. The director of the Arizona department of agriculture or the director's designee. 2. The director of the Arizona game and fish department or the director's designee. 3. Three members who represent the livestock industry, who have knowledge and experience with wildlife impacts and management and who are appointed by the governor pursuant to section 38-211. 4. Two members who represent wildlife conservation or wildlife management, who have knowledge and experience with livestock production or management and who are appointed by the governor pursuant to section 38-211. 5. One member who is a livestock auction market owner and who is appointed by the speaker of the house of representatives. 6. One member who is a faculty member at a university under the jurisdiction of the Arizona board of regents, who has expertise in agricultural and life sciences and who is appointed by the president of the senate. B. The initial members of the livestock loss board who are appointed pursuant to subsection A, paragraphs 3, 4, 5 and 6 of this section shall assign themselves by lot to terms of two and four years in office. All subsequent members serve four-year terms of office. The chairperson shall notify the governor's office, the president of the senate and the speaker of the house of representatives of these appointments. C. A majority of the members constitute a quorum. D. The livestock loss board shall annually elect a chairperson from its members. E. Members of the livestock loss board are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2. F. The livestock loss board shall submit to the governor, the president of the senate and the speaker of the house of representatives on or before December 31 of each year a report of the number of applications for compensation, the total amount of monies provided to landowners, lessees and livestock operators that year and any recommendations. The livestock loss board shall provide a copy of this report to the secretary of state. 17-492. Powers and duties; definition A. The livestock loss board shall: 1. Establish and implement procedures to compensate landowners, lessees or livestock operators for wolf depredation on livestock. 2. Establish requirements for landowners, lessees and livestock operators to report and demonstrate wolf depredation on livestock. 3. Establish eligibility and application requirements to receive compensation for wolf depredation on livestock. 4. Determine the compensation rate for each livestock animal depredated by wolves. 5. Research and develop measures to prevent wolf depredation on livestock. 6. Establish procedures for landowners, lessees or livestock operators to appeal decisions of the livestock loss board. B. The livestock loss board may: 1. Compensate landowners, lessees or livestock operators for wolf depredation on livestock. 2. Compensate landowners, lessees or livestock operators for implementing avoidance measures to prevent wolf depredation on livestock. 3. Implement a pay-for-presence program that provides compensation for the landowners, lessees and livestock operators who allow wolves to be present on private property owned or leased by the landowner, lessee or livestock operator and accept potential wolf depredation on livestock. A pay-for-presence program may not provide compensation for the presence of wolves on public lands. 4. Coordinate with the department in an investigation of wolf depredation on livestock and any corrective measures taken pursuant to section 17-239. 5. Coordinate with state and federal wildlife agencies to verify wolf depredation on livestock. 6. Collaborate with federal farm services agencies in this state to promote livestock compensation programs. 7. Adopt rules pursuant to title 41, chapter 6 as necessary to administer and enforce this section. C. For the purposes of this section, "avoidance measures" means nonlethal actions taken or education provided by livestock owners to reduce the likelihood of livestock depredation. 17-493. Livestock compensation fund; exemption; definition A. The livestock compensation fund is established consisting of federal monies, legislative appropriations from the state general fund, public and private grants and private donations received for the purpose of compensating landowners, lessees and livestock operators for the following: 1. Wolf depredation on livestock. 2. Participating in a pay-for-presence program implemented by the livestock loss board pursuant to section 17-492. 3. Implementing avoidance measures to prevent wolf depredation on livestock. B. The livestock loss board shall administer the livestock compensation fund. Monies in the fund are continuously appropriated. The livestock loss board may accept and spend federal monies, public and private grants, gifts, contributions and devises to assist in carrying out the purposes of this article. These monies do not revert to the state general fund at the end of a fiscal year. Monies in the fund shall be used to supplement, not supplant, monies otherwise appropriated to the department. C. Monies in the livestock compensation fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. D. For the purposes of this section, "avoidance measures" has the same meaning prescribed in section 17-492. 17-495. Definitions In this article, unless the context otherwise requires: 1. "Confidential information" means any data collected about a landowner, species or property location from a private landowner or property owner by a state agency or municipal agency or an entity acting on the agency's behalf. 2. "Conservation plan" means a species conservation plan that promotes compliance with federal law protecting endangered species, species proposed for listing and candidate species in a manner consistent with this state's economic development and fiscal stability, including candidate conservation agreements, candidate conservation agreements with assurances and habitat conservation plans. 3. "Endangered species" means any species that is in danger of extinction throughout all or a significant portion of its range and is listed as endangered pursuant to the endangered species act. 4. "Endangered Species Act" means the endangered species act of 1973 (P.L. 93-205; 87 Stat. 884; 16 United States Code sections 1531 through 1544). 5. "Property owner" means a person with a fee simple, leasehold or other property interest, including owners of water or other natural resources, or any other entity that may have a property interest, sufficient to carry out species research or management activities, subject to applicable state law, on nonfederal land. 6. "Research" means scientifically valid data that is collected on a species that is already protected under the endangered species act or potentially subject to federal protection under the endangered species act. 7. "Species" includes any species or subspecies of fish, wildlife or plants and any distinct population segment of any species of vertebrate fish or wildlife that interbreeds when mature. 8. "State agency" means any state agency, authority or body that is established and authorized by the legislature. 17-495.01. Property owner confidentiality; disclosure; consent; civil penalty A. Information collected in the furtherance of the roles, responsibilities and duties of a state agency or an entity acting on the state agency's behalf, from a private landowner, property owner or other participant or potential participant in an endangered species survey or other species research or conservation plan is confidential information and may not be disclosed to any person, including state or federal agencies, if the information relates to the specific location, species identification or quantity of any animal or plant life for which an endangered species survey or other species research or a conservation plan, or both, is under consideration, development or implementation. The state agency shall disclose such information only to the person that provided the information unless the person consents in writing to full or specified partial disclosure of such information. B. Confidential information about species shall be collected only through a standardized form in which property owners provide express written consent to have their property surveyed or enrolled or potentially subject to enrollment in a conservation plan. C. A person who violates the property owner confidentiality requirements in this section is subject to a civil penalty of $25,000 for each violation of this section.