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Public meetings set on proposed Game and Fish Commission rule changes

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:

bulletMonday, Feb. 14, 6 p.m., Game and Fish Department's Tucson regional office, 555 N. Greasewood Road, Tucson.
 
bulletTuesday, Feb. 15, 6 p.m. Game and Fish Department headquarters, Roadrunner Room, 2222 W. Greenway Road, Phoenix.
 
bulletWednesday, Feb. 16, 6 p.m., Game and Fish Department's Flagstaff regional office, 3500 S. Lake Mary Road, Flagstaff.
 
bulletThursday, Feb. 17, 6 p.m., Game and Fish Department's Pinetop regional office, 2878 W. White Mountain Blvd., Pinetop.

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.
 

 

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