The Arizona Game and Fish Department is conducting a series of public
meetings on proposed Game and Fish Commission rule changes relating to
miscellaneous licenses permits, and on a new proposed rule for the taking
and handling of wildlife. The new rule will place additional regulations on
the use of spotlights when taking wildlife.
Part of the rule package strengthens the rules governing guides. For
instance, the rule will be amended to state that the department "shall not
issue a license to an individual who has been convicted of any violation for
which a license to take wildlife can be revoked or suspended, if the
applicant violated the law within five years before applying for the
license." The department's objective is to eliminate those individuals who
have demonstrated contempt for wildlife laws from becoming guides.
Another rule change would give special consideration to those individuals
who voluntarily report their own wildlife violation immediately after
committing it.
The following public meetings are scheduled:
Additional information on the proposed changes is available on the Game
and Fish Department Web site. For more information, call (602) 789-3288 ext.
206 or send an e-mail to
Rulemaking@azgfd.gov.
The Department proposes to amend the Article 2 rules as follows:
R12-4-201. Pioneer License
- Amend subsection (C) to require the department to give notice to
an applicant whose application is denied. This subsection will also be
amended to inform an applicant that if their application for a pioneer
license is denied, they may appeal the denial to the commission under
R12-4-611.
- Amend subsection (D), formerly (E) to require a license holder to pay a
fee of $3 to obtain a duplicate license. The department is required by A.R.S.
§ 17-332(C) to charge this fee for a duplicate tag or license that is
issued.
R12-4-202. Disabled Veteran's License
- Amend subsection (C) to require the department to give notice to
an applicant if their application is denied. This subsection will also be
amended to inform an applicant that if their application for a disabled
veteran's license is denied, they may appeal the denial to the commission
under R12-4-611.
- Amend subsection (D) to require a license holder to pay a fee of $3 to
obtain a duplicate license. The department is required by A.R.S. § 17-332(C)
to charge this fee for a duplicate tag or license that is issued.
R12-4-203. National Harvest Information Program (HIP)
- Amend the rule to make it consistent with department rules and
terms, and current guidelines for rulemaking language and style.
R12-4-204. Sikes Act Habitat Management Stamps
- The department proposes to adopt a new rule to address issues
regarding the use of wildlife habitat management stamps authorized by a
memorandum of understanding or other agreements between the department and
the federal government, specifically under the Sikes Act. This rule will
prescribe clear procedures for using these stamps so that the public can
comply with the laws. Currently, the only stamp authorized under such a
federal agreement is the Unit 12A (North Kaibab) Habitat Management Stamp
listed in R12-4-102.
R12-4-208. Guide License
- Amend subsection (B)(1) to delete references to specific wildlife
laws and state that the department shall not issue a guide license to an
applicant that has been convicted of a felony violation of any wildlife law,
if the applicant violated the law within five years before applying for the
license. The rule will also be amended to state that the department shall
not issue a license to an individual who has been convicted of any violation
for which a license to take wildlife can be revoked or suspended, if the
applicant violated the law within five years before applying for the
license. The department's objective is to eliminate those individuals who
have demonstrated contempt for wildlife laws from becoming guides. Because a
guide is in a position to greatly impact the health, well being, or lawful
compliance of another individual in an oftentimes secluded area, the
department holds that an applicant for this license must demonstrate respect
for laws regarding the use of wildlife resources.
- Adopt a new subsection (C) to give special consideration to those
individuals that voluntarily report their own wildlife violation immediately
after committing it.
- Amend subsection (E), formerly (D) to state that the guide license
examination will be administered the first Monday of the month. This is to
guarantee that qualified department staff are available to administer the
exam. The subsection will also be amended to require the department to
report scores either within seven days after grading the exam by mail or
immediately after the exam is finished.
- Amend subsection (I) to clearly state that if a guide and a client are
hunting with the aid of dogs, the hunter shall be present to take the
wildlife. The objective of the amendment is to clarify the wording and
strengthen the original intent.
- Adopt a new subsection (J) that will hold an individual who acts as a
guide criminally accountable for the conduct of a client if: The individual
acting as a guide aids, counsels, agrees to aid, or attempts to aid another
individual in planning or engaging in conduct that results in a violation;
or does not report the violation. The subsection will also state that an
individual who acts as a guide shall be criminally accountable for the
conduct of a client if the individual acting as a guide does not report a
violation committed by their client.
R12-4-216. Crossbow Permit
Amend the rule to make it consistent with department rules and
terms, and current APA guidelines for rulemaking language and style.
R12-4-217. Challenged Hunter Access/Mobility Permit
Amend subsection (C) to clearly state the disability criteria an individual
must meet before being issued a CHAMP.
For Article 3, the department proposes to adopt the following new rule:
R12-4-309. Restrictions on the Use of Artificial Light
A. For the purposes of this section, the following definitions
apply:
1. "Artificial light" means any light, light source, spotlight, jacklight,
headlight, night-vision equipment, or any electronic device that is used as
a visual aid.
2. "Non-daylight hours" means the period of time from one-half hour after
sunset to one-half hour before sunrise.
B. Except as provided in A.R.S. § 17-301 and A.A.C. R12-4-304, R12-4-313,
R12-4-317, and R12-4-318, an individual shall not take or assist in taking
wildlife with the use of an artificial light during non-daylight hours.
Presumptive evidence of this activity includes the use of artificial light
during non-daylight hours if an individual does all of the following:
1. Is in possession of an accessible means of take that is immediately
usable;
2. Is in a place where wildlife may be found; and
3. Uses the light in a manner to find wildlife.
C. Except as provided in A.R.S. § 17-301 and A.A.C. R12-4-304, R12-4-313,
R12-4-317, and R12-4-318, an individual shall not use an artificial light to
find or identify wildlife in hunt units with seasons for deer or elk during
non-daylight hours during the period of time beginning 48 hours before the
opening of the deer or elk season in those hunt units and extending until
the close of the deer or elk season for those hunt units. Presumptive
evidence of this activity includes the use of artificial light during
non-daylight hours if an individual does all of the following:
1. Is in a place where wildlife may be found; and
2. Uses the light in a manner to find wildlife.
D. This section does not apply to any individual acting within the scope of
official duties as an employee or authorized agent of the State of Arizona,
the United States of America, or any county or municipal government, to
administer, protect, or aid in the administration or protection of land,
water, wildlife, livestock, domesticated animals, human life, or crops.