ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: LARA DP 11-0-0-0

HB 2246: G&F; private lands; trespassing

Sponsor:  Representative Griffin, LD 14

House Engrossed

Overview

Prohibits taking wildlife from posted land without permission.

History

Taking Wildlife on Closed Areas

Arizona wildlife are property of the state and can be taken at times and in places as provided by the Arizona Game and Fish Commission's (Commission) rules (A.R.S. § 17-102). A person is prohibited, except by Commission order, from entering a game refuge or other area closed to hunting, trapping or fishing and taking, driving or attempting to drive wildlife from these areas (A.R.S. § 17-303).

Taking Wildlife on Private Lands

Landowners or lessees can prohibit hunting, fishing or trapping on their property by posting notices or signboards, which must comply with certain criteria established in statute. Someone who enters this property may commit criminal trespassing in the third degree if:

· The land has been posted and the notices or signboards contain the words "no trespassing;" or

· That person remains on the property after a request to leave by a law enforcement officer acting on behalf of the owner, or that person disregards reasonable notice prohibiting entry to that property.

This offense is a class 3 misdemeanor punishable by a fine of up to $500 and up to 30 days imprisonment (A.R.S. §§ 13-707(A)(3), 13-802(C), and 13-1502).

Statute is silent on whether it is a violation for someone to hunt, fish or trap wildlife on posted property (A.R.S. § 17-304).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteProhibits someone from taking wildlife on private land without the authorization of the landowner or lessee if "no trespassing" notices have been posted or the trespasser remains on the property after a request to leave has been made. (Sec. 1)

2.   Allows private property landowners or lessees to prohibit guiding on their lands without their permission by posting their lands with notices or signboards. (Sec. 2)

3.   Adds "no trespassing" or "no guiding" as options for required language on posted notices and signboards. (Sec. 2)

4.   Eliminates the requirement that notices or signboards be posted at least 4 feet above the ground. (Sec. 2)

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8.                     HB 2246

9.   Initials PAB           Page 0 House Engrossed

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