Assigned to NRRA                                                                                              FOR CAUCUS & FLOOR ACTION

ARIZONA STATE SENATE

Forty-seventh Legislature, Second Regular Session

AMENDED

FACT SHEET FOR H.B. 2130

game and fish; hunter harassment

Purpose

            Expands prohibitions against hunt interference.

Background

            The Arizona Game and Fish Commission (Commission) makes rules and regulations for managing, conserving and protecting wildlife and fisheries resources, and safe and regulated watercraft and off-highway vehicle operations for the benefit of the citizens of Arizona. The Arizona Game and Fish Department implements and enforces statutory requirements and the Commission rules and regulations.

            Hunting is allowed on Bureau of Land Management land, U.S. Forest Service land, state trust land and some county parks.  The Commission has established game management units in rule for the purpose of managing wildlife.  Additionally, statute provides that the Commission may, by rule, establish designated hunting areas on public lands if it finds that a significant interference or disruption of a hunt is likely to occur on those lands.  A designated hunting area is defined in rule as an area of public land where a peace officer is authorized to take enforcement actions against individuals who interfere with lawful hunts.  Currently, there are four game management areas that are designated hunting areas.

            Intentionally disrupting a lawful hunt occurring in a designated hunting area is a class 2 misdemeanor punishable by up to four months imprisonment and up to $750 in fines and penalties. Entering or remaining in a designated hunting area on any state lands, including state trust lands, with the intention to disrupt a legal hunt is a class 3 misdemeanor punishable by up to 30 days’ imprisonment and up to $500 in fines and penalties.

            There is no impact to the state General Fund associated with this measure.

Provisions

1. Expands the list of actions that constitute a class 2 misdemeanor for intentional interference, prevention or disruption of a legal hunt to include:

a) harassing, driving or disturbing any wildlife.

b) blocking, obstructing, impeding or attempting to block a person lawfully taking wildlife.

c) making or attempting physical contact with a person lawfully taking wildlife.

d) the act or attempt of theft, vandalism or destruction of real or personal property of a person lawfully taking wildlife.

e) disturbing or altering the condition or authorized placement of real or personal property of a person lawfully taking wildlife.

f) making loud noises or gestures, setting out animal baits, scents or lures, using or making visual or aural or similar activity in order to disturb, alarm, drive, attract or effect the behavior of wildlife or disturb, alarm, disrupt or annoy a person lawfully taking wildlife.

g) interjecting oneself into the line of fire of a person engaged in a lawful hunt.

h) erecting a barrier with the intent to deny egress or ingress from areas where wildlife may be taken.

2. Includes public or private lands or waters as areas in which it is a class 3 misdemeanor for a person to enter or remain with an intent to interfere with, prevent or disrupt a legal hunt.

3. Exempts, from prohibitions against hunt interference, landowners, permittees, lessees or their agents or contractors engaged in animal husbandry practices or agricultural operations.

4. Removes Commission authority to establish designated hunting areas on public land by rule when significant interference of a hunt is likely to occur.

5. Exempts landowners who close gates or erect barriers on their land to limit or prevent access across their property from acts that constitute interference with a legal hunt.

6. Makes technical and conforming changes.

7. Becomes effective on the general effective date.

Amendments Adopted by Committee

· Exempts landowners who close gates or erect barriers on their land to limit or prevent access across their property from acts that constitute interference with a legal hunt.

House Action Senate Action

NRA               1/30/06     DP     7-0-0-3                     NRRA             3/1/06     DPA     6-0-1-0

3^rd Read           2/13/06               55-1-4-0

Prepared by Senate Research

March 22, 2006

FB/DA/jas