HB2404 - 532R

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

Section 1. Section 17-101, Arizona Revised Statutes, is amended to read:

START_STATUTE17-101. Definitions

A. In this title, unless the context otherwise requires:

1. "Angling" means the taking of fish by one line and not to exceed two hooks, by one line and one artificial lure, which may have attached more than one hook, or by one line and not to exceed two artificial flies or lures.

2. "Bag limit" means the maximum limit, in number or amount, of wildlife that may lawfully be taken by any one person during a specified period of time.

3. "Closed season" means the time during which wildlife may not be lawfully taken.

4. "Commission" means the Arizona game and fish commission.

5. "Department" means the Arizona game and fish department.

6. "Device" means any net, trap, snare, salt lick, scaffold, deadfall, pit, explosive, poison or stupefying substance, crossbow, firearm, bow and arrow, or other implement used for taking wildlife. Device does not include a raptor or any equipment used in the sport of falconry.

7. "Domicile" means a person's true, fixed and permanent home and principal residence. Proof of domicile in this state may be shown as prescribed by rule by the commission.

8. "Falconry" means the sport of hunting or taking quarry with a trained raptor.

9. "Fishing" means to lure, attract or pursue aquatic wildlife in such a manner that the wildlife may be captured or killed.

10. "Fur dealer" means any person engaged in the business of buying for resale the raw pelts or furs of wild mammals.

11. "Guide" means a person who does any of the following:

(a) Advertises for guiding services.

(b) Holds himself out to the public for hire as a guide.

(d) Accepts compensation in any form commensurate with the market value in this state for guiding services in exchange for aiding, assisting, directing, leading or instructing a person in the field to locate and take wildlife.

(e) Is not a landowner or lessee who, without full fair market compensation, allows access to the landowner's or lessee's property and directs and advises a person in taking wildlife.

12. "License classification" means a type of license, permit, tag or stamp authorized under this title and prescribed by the commission by rule to take, handle or possess wildlife.

13. "License year" means the twelve‑month period between January 1 and December 31, inclusive, or a different twelve-month period as prescribed by the commission by rule.

14. "Nonresident", for the purposes of applying for a license, permit, tag or stamp, means a citizen of the United States or an alien who is not a resident.

15. "Open season" means the time during which wildlife may be lawfully taken.

16. "Possession limit" means the maximum limit, in number or amount of wildlife, that may be possessed at one time by any one person.

17. "Resident", for the purposes of applying for a license, permit, tag or stamp, means a person who is:

(a) A member of the armed forces of the United States on active duty and who is stationed in:

(i) This state for a period of thirty days immediately preceding the date of applying for a license, permit, tag or stamp.

(ii) Another state or country but who lists this state as the person's home of record at the time of applying for a license, permit, tag or stamp.

(b) Domiciled in this state for six months immediately preceding the date of applying for a license, permit, tag or stamp and who does not claim residency privileges for any purpose in any other state or jurisdiction.

18. "Road" means any maintained right‑of‑way for public conveyance.

19. "Statewide" means all lands except those areas lying within the boundaries of state and federal refuges, parks and monuments, unless specifically provided differently by commission order.

20. "Take" means pursuing, shooting, hunting, fishing, trapping, killing, capturing, snaring or netting wildlife or the placing or using of any net or other device or trap in a manner that may result in the capturing or killing of wildlife.

21. "Taxidermist" means any person who engages for hire in the mounting, refurbishing, maintaining, restoring or preserving of any display specimen.

22. 21. "Traps" or "trapping" means taking wildlife in any manner except with a gun or other implement in hand.

23. 22. "Wild" means, in reference to mammals and birds, those species that are normally found in a state of nature.

24. 23. "Wildlife" means all wild mammals, wild birds and the nests or eggs thereof, reptiles, amphibians, mollusks, crustaceans and fish, including their eggs or spawn.

25. 24. "Youth" means a person who is under eighteen years of age.

26. 25. "Zoo" means a commercial facility open to the public where the principal business is holding wildlife in captivity for exhibition purposes.

B. The following definitions of wildlife shall apply:

1. "Aquatic wildlife" are means all fish, amphibians, mollusks, crustaceans and soft‑shelled turtles.

3. 2. "Big game" are means wild turkey, deer, elk, pronghorn (antelope), bighorn sheep, bison (buffalo), peccary (javelina), bear and mountain lion.

6. 3. "Fur‑bearing animals" are means muskrats, raccoons, otters, weasels, bobcats, beavers, badgers and ringtail cats.

13. 4. "Game fish" are means trout of all species, bass of all species, catfish of all species, sunfish of all species, northern pike, walleye and yellow perch.

2. 5. "Game mammals" are means deer, elk, bear, pronghorn (antelope), bighorn sheep, bison (buffalo), peccary (javelina), mountain lion, tree squirrel and cottontail rabbit.

10. 6. "Migratory game birds" are means wild waterfowl, including ducks, geese and swans; sandhill cranes; all coots, all gallinules, common snipe, wild doves and bandtail pigeons.

8. 7. "Nongame animals" are means all wildlife except game mammals, game birds, fur‑bearing animals, predatory animals and aquatic wildlife.

11. 8. "Nongame birds" are means all birds except upland game birds and migratory game birds.

14. 9."Nongame fish" are means all the species of fish except game fish.

7. 10. "Predatory animals" are means foxes, skunks, coyotes and bobcats.

12. 11. "Raptors" are means birds that are members of the order of falconiformes or strigiformes and include falcons, hawks, owls, eagles and other birds that the commission may classify as raptors.

5. 12. "Small game" are means cottontail rabbits, tree squirrels, upland game birds and migratory game birds.

4. 13. "Trophy" means:

(a) A mule deer buck with at least four points on one antler, not including the eye-guard point.

(b) A whitetail deer buck with at least three points on one antler, not including the eye-guard point.

(d) A pronghorn (antelope) buck with at least one horn exceeding or equal to fourteen inches in total length.

(e) Any bighorn sheep.

(f) Any bison (buffalo).

5. 14. "Trout" means all species of the family salmonidae, including grayling.

9. 15. "Upland game birds" are means quail, partridge, grouse and pheasants. END_STATUTE

Sec. 2. Heading change

The article heading of title 17, chapter 3, article 3, Arizona Revised Statutes, is changed from "TRAPPERS, GUIDES AND TAXIDERMISTS" to "TRAPPERS, GUIDES AND FUR DEALERS".

Sec. 3. Repeal

Section 17-363, Arizona Revised Statutes, is repealed.