HB2433 - 541R

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 more than 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 more than two artificial flies or lures.

2. "Bag limit" means the maximum limit, in number or amount, of wildlife that any one person may lawfully be taken by any one person take 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 meets 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 any one person may be possessed possess 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. "Traps" or "trapping" means taking wildlife in any manner except with a gun or other implement in hand.

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

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

26. "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 all means 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 includes 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. "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).

15. 13. "Trout" means all species of the family salmonidae, including grayling.

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

Sec. 2. Section 17-314, Arizona Revised Statutes, is amended to read:

START_STATUTE17-314. Illegally taking, wounding, killing or possessing wildlife; civil penalty; enforcement

A. The commission may impose a civil penalty against any person for unlawfully taking, wounding, or killing, or unlawfully in possession of, possessing any of the following wildlife, or part thereof, to recover the following minimum sums:

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 bighorn sheep, bison (buffalo)

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. The civil penalty, or a verdict or judgment to enforce the civil penalty, shall not be less than the sum fixed in this section. The minimum sum that the commission may recover 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 to enforce the civil penalty may be joined with an action for possession and recovery had for the possession as well as the civil penalty.

C. The pendency or determination of an action 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 deposited in the wildlife theft prevention fund established by section 17‑315. END_STATUTE

Sec. 3. Civil penalty liability; trophy animals

This act does not relieve or affect the liability of a person who has been assessed a civil penalty pursuant to section 17‑314, Arizona Revised Statutes, as in effect before the effective date of this act, for illegally taking, wounding, killing or possessing a trophy animal as defined by section 17‑101, Arizona Revised Statutes, as in effect before the effective date of this act.