SB1211 - 512R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 3-2401, Arizona Revised Statutes, is amended to read:

START_STATUTE3-2401. Control of destructive animals and noxious rodents; agreements and cooperation with federal agencies; exception

A. The director shall cooperate with the animal and plant health inspection service of the United States department of agriculture in the control and destruction or relocation of predatory wildlife, noxious rodents and related animals that are injurious to livestock, poultry, game, agriculture, other industries and the public health in accordance with organized and systematic plans of the animal and plant health inspection service. For such purposes, the director shall enter into written agreements with the animal and plant health inspection service regarding the methods and procedure to be followed, the extent of supervision to be exercised by the state and federal agencies, respectively, and the use and expenditure of state funds. The director, in cooperation with the animal and plant health inspection service, may also enter into cooperative agreements with other governmental agencies and counties of the state to promote the control and destruction of predatory wildlife, noxious rodents and related animals.

B. The authority to destroy predatory wildlife, noxious rodents and related animals does not include big game animals as defined in section 17‑101, except:

1. Bear and mountain lion taken pursuant to section 17‑302.

2. To protect public health and safety.

C. Notwithstanding any federal law or regulation to the contrary, an employee of the department may take any wolf that has been documented or caught in the act of killing livestock. An employee of the department is not subject to penalty under federal law while exercising the employee's authority pursuant to this subsection. Any wolf that threatens the public health and safety is subject to a taking under this section and section 17‑302. END_STATUTE

Sec. 2. Section 17-302, Arizona Revised Statutes, is amended to read:

START_STATUTE17-302. Taking of bear, wolf 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, wolf or mountain lion, may, if he and who complies with subsection B, of this section may lawfully exercise such measures as necessary to prevent further damage from the offending bear, wolf or mountain lion, including the taking of such bear, wolf 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, wolves and mountain lions. Nontarget animals that are seriously injured and unable to leave the scene upon on release shall be humanely dispatched. Target bears, wolves and mountain lions shall be humanely dispatched immediately.

2. Bears, wolves and mountain lions may be taken only by means of:

(a) Leg hold Leghold traps without teeth and with an open jaw spread not exceeding eight and one‑half inches.

(b) Leg snares.

(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 mountain lion, wolf 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, wolves and mountain 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, wolf or Mountain 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 of this subsection. 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, wolves and mountain lions.

B. A license or tag shall not be required for the taking of a bear, wolf 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, the identity of the livestock operator filing the report and the location and date of livestock depredation are not public information. Such report shall also contain the following information:

1. The name and address of the livestock operator experiencing depredation losses.

2. The number, ages and kinds of livestock lost.

3. The numbers and location of bears, wolves or mountain lions taken.

4. The sex and estimated age of each bear, wolf or mountain lion taken.

5. The 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, wolf or Mountain lion which the livestock operator has failed to comply with the provisions of this section.

F. A livestock operator entitled to take a bear, wolf or mountain lion under the provisions of this section may contract with another person for the taking of the depredating bear, wolf or mountain lion. The person under contract shall comply with all of the provisions of this section.

G. Notwithstanding any federal law or regulation to the contrary, a livestock operator is not subject to penalty under federal law while exercising the authority pursuant to this section to protect property.

H. Any bear, wolf or mountain lion that threatens the public health or safety is subject to a taking under this section. END_STATUTE

Sec. 3. Title 17, chapter 3, article 1, Arizona Revised Statutes, is amended by adding section 17-321, to read:

START_STATUTE17-321. Mexican wolf recovery program; DNA profile; reporting

The United States fish and wildlife service shall:

1. Provide to the Arizona game and fish department and the Arizona department of agriculture a full DNA profile on each animal reintroduced in this state as a part of the Mexican wolf recovery program.

2. Report quarterly to the Arizona game and fish department all incidences in which a wolf harms, kills or harasses a human.

3. Report quarterly to the Arizona department of agriculture all incidences in which a wolf harms, kills or harasses livestock. END_STATUTE