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REFERENCE TITLE: G&F omnibus |
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State of Arizona Senate Fifty-third Legislature First Regular Session 2017
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SB 1154 |
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Introduced by Senators Griffin: Borrelli, Burges, Contreras, Dalessandro, Fann, Kavanagh, Pratt; Representatives Barton, Bowers, Cobb, Leach
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AN ACT
Amending sections 5‑331, 17‑314, 17‑315, 17‑320, 17‑332 and 17‑340, Arizona Revised Statutes; relating to the Arizona game and fish department.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 5-331, Arizona Revised Statutes, is amended to read:
5-331. Personal flotation devices; requirements; exception
A. All watercraft, except sailboards, shall carry United States coast guard approved personal flotation devices of the type and category prescribed by regulations of the commission. There shall be one such device in good and serviceable condition for each person on board and so placed as to be readily accessible for immediate use.
B. Any person who is being towed behind a watercraft shall wear a buoyant belt or wearable personal flotation device while being towed except for a performer who is engaged in a professional exhibition.
C. A child who is twelve years of age or under and who is on board a watercraft shall wear a properly fitting United States coast guard approved type I, II or III wearable personal flotation device whenever the watercraft is underway.
D. The provisions of Subsection C shall of this section does not apply to small passenger vessels that are not for hire on navigable waters, that maintain a coast guard certificate of inspection and that are being operated by United States coast guard licensed pilots within a distance of one‑fourth mile from the nearest shore as a means of transporting passengers and when the duration of time the vessel is underway on the water does not exceed ten minutes.
Sec. 2. Section 17-314, Arizona Revised Statutes, is amended to read:
17-314. Civil penalty for illegally taking, wounding or possessing wildlife; recovery of civil penalty
A. The commission or any officer charged with enforcement of the laws relating to game and fish, if so directed by the commission, may bring a civil action in the name of the state may impose a civil penalty against any person unlawfully taking, wounding or killing, or unlawfully in possession of, any of the following wildlife, or part thereof, and seek to recover the following minimum sums as damage:
1. For each turkey or javelina $ 500.00
2. For each bear, mountain lion, pronghorn (antelope)
or deer, other than trophy $1,500.00
3. For each elk or eagle, other than trophy or
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 trophy 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. No The civil penalty, or a verdict or judgment recovered by the state in such action to enforce the civil penalty, shall not be for less than the sum fixed in this section. The minimum sum that the commission may seek to recover as damages 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 for damages to enforce the civil penalty may be joined with an action for possession, and recovery had for the possession as well as the damages civil penalty.
C. The pendency or determination of an action for damages 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 placed in the wildlife theft prevention fund.
Sec. 3. Section 17-315, Arizona Revised Statutes, is amended to read:
17-315. Wildlife theft prevention fund; authorized expenditures
A. A The wildlife theft prevention fund is established consisting of:
1. Monies received from damage assessments 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 commercial 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.
Sec. 4. Section 17-320, Arizona Revised Statutes, is amended to read:
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 pursuant to procedures set forth in section 17‑314.
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 a 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.
Sec. 5. Section 17-332, Arizona Revised Statutes, is amended to read:
17-332. Form and content of license; duplicate licenses; transfer of license prohibited; exceptions; period of validity
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. The license shall be issued in the name of the department. Except as provided by rule adopted by the commission, each license shall be signed by the licensee in ink on the face of the license and any license that is not signed is invalid. 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 such the manner as prescribed by the commission. The commission shall limit the number of big game permits issued to nonresidents in a random drawing to ten per cent 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. No A license or permit is not transferable, nor shall such license or permit and may not be used by anyone except the person to whom such 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 by a minor child who has a permanent physical disability. If a child with a physical disability is under fourteen years of age, the child must satisfactorily complete the Arizona hunter education course or another comparable hunter education course that is approved by the director.
(b) A veteran of the armed forces of the United States who has a service‑connected disability. For the purposes of this paragraph:
(i) "Disability" means a permanent physical impairment that substantially limits one or more major life activities requiring and that requires the assistance of another person or a mechanical device for physical mobility.
(ii) "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 children with life‑threatening medical conditions or with physical disabilities or to veterans with service-connected disabilities.
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 parent or guardian must accompany the child in the field or, if a grandparent allows a minor grandchild to use the grandparent's permit or tag, the grandparent, the parent or the child's guardian must accompany the child in the field.
(c) (b) The minor child must possess a valid hunting license and, if under fourteen years of age, must satisfactorily complete, before the beginning of the hunt, the Arizona hunter education course or another comparable hunter education course that is approved by the director.
(d) (c) Any big game that is taken counts toward the minor child's bag limit.
E. No Refunds may not be made for the purchase of a license or permit.
F. 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.
Sec. 6. Section 17-340, Arizona Revised Statutes, is amended to read:
17-340. Revocation, suspension and denial of privilege of taking wildlife; civil penalty; notice; violation; classification
A. On conviction 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 has 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.
B. 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 a the person's privilege to take wildlife for a period of up to five years.
2. For a second conviction or a second 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 a the person's privilege to take wildlife for a period of up to ten years.
3. For a third conviction or a third 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 a the person's privilege to take wildlife permanently.
C. In accordance with title 41, chapter 6, article 10 and notwithstanding subsection A of this section, a person who is assessed civil damages against whom the commission imposes a civil penalty under section 17‑314 shall not apply for or for the unlawful taking, wounding, killing or possession of wildlife may be denied the right to obtain a license during the pendency of an action for damages, while measures are pursued to collect damages or prior to take wildlife until the person has made full payment of damages the civil penalty.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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.