Section R12-4-303. Unlawful Devices, Methods, and Ammunition

A.      In addition to the prohibitions prescribed under A.R.S. §§ 17- 301 and 17-309, the following devices, methods, and ammuni- tion are unlawful for taking any wildlife in this state:

1.        An individual shall not use any of the following to take wildlife:

a.         Fully automatic firearms, including firearms capable of selective automatic fire; or

b.        Tracer, armor-piercing, or full-jacketed ammunition designed for military use.

2.        An individual shall not use or possess any of the follow- ing while taking wildlife:

a.         Poisoned projectiles or projectiles that contain explosives;

b.        Pitfalls of greater than 5-gallon size, explosives, poi- sons, or stupefying substances, except as permitted under A.R.S. § 17-239 or as allowed by a scientific collecting permit issued under A.R.S. § 17-238;

c.         Any lure, attractant, or cover scent containing any cervid urine; or

d.        Electronic night vision equipment, electronically enhanced light-gathering devices, thermal imaging devices or laser sights; except for devices such as laser range finders, scopes with self-illuminating ret- icles, and fiber optic sights with self-illuminating sights or pins that do not project a visible light onto an animal.

3.        An individual shall not:

a.         Hold wildlife at bay other than during daylight hours, unless authorized by Commission Order.

b.        Injure, confine, or place a tracking device in or on wildlife for the purpose of aiding another individual to take wildlife.

c.         Place any substance, device, or object in, on, or by any water source to prevent wildlife from using that water source.

d.        Place any substance in a manner intended to attract bears.

e.         Use a manual or powered jacking or prying device to take reptiles or amphibians.

f.         Use dogs to pursue, tree, corner or hold at bay any wildlife for a hunter unless that hunter is present for the entire hunt.

g.        Take migratory game birds, except Eurasian Col- lared-doves, using a shotgun larger than 10 gauge, a shotgun of any description capable of holding more than three shells unless it is plugged with a one- piece filler that cannot be removed without disas- sembling the shotgun so that its total capacity does not exceed three shells, electronically amplified bird calls, or baits, as prohibited under 50 CFR 20.21, revised October 1, 2009. The material incorporated by reference in this Section does not include any later amendments or editions. The incorporated material is available at any Department office, online from the Government Printing Office web site www.gpoaccess.gov, or may be ordered from the Superintendent of Documents, U.S. Government Printing Office, 732 N. Capitol St. N.W., Stop IDCC, Washington, D.C. 20401.

h.        Discharge a pneumatic weapon .30 caliber or larger while taking wildlife within one-fourth mile of an occupied farmhouse or other residence, cabin, lodge or building without permission of the owner or resi- dent.

4.        An individual shall not use edible or ingestible substances to aid in taking big game. The use of edible or ingestible substances to aid in taking big game is unlawful when:

a.         An individual places edible or ingestible substances for the purpose of attracting or taking big game, or

b.        An individual knowingly takes big game with the aid of edible or ingestible substances placed for the purpose of attracting wildlife to a specific location.

5.        Subsection (A)(4) does not limit Department employees or Department agents in the performance of their official duties.

6.        For the purposes of subsection (A)(4), edible or ingestible substances do not include any of the following:

a.         Water.

b.        Salt.

c.         Salt-based materials produced and manufactured for the livestock industry.

d.        Nutritional supplements produced and manufactured for the livestock industry and placed during the course of livestock or agricultural operations.

B.       Wildlife taken in violation of this Section is unlawfully taken.

C.      This Section does not apply to any activity allowed under

A.R.S.  § 17-302, to an individual acting within the scope of their official duties as an employee of the state or United States, or as authorized by the Department.

Historical Note

Amended effective May 3, 1976 (Supp. 76-3). Amended

effective April 29, 1977 (Supp. 77-2). Amended effective

September 7, 1978 (Supp. 78-5). Former Section R12-4- 52 renumbered as Section R12-4-303 without change effective August 13, 1981 (Supp. 81-4). Amended effec-

tive March 28, 1983 (Supp. 83-2). Amended subsections

(A) and (C) effective October 31, 1984 (Supp. 84-5). Amended effective June 4, 1987 (Supp. 87-2). Former Section R12-4-303 repealed, new Section R12-4-303 adopted effective December 30, 1988 (Supp. 88-4). Cor- rection, former Historical Note should read “Former Sec-

tion R12-4-303 repealed, new Section R12-4-303 adopted effective January 1, 1989, filed December 30,

1988” (Supp. 89-2). Amended effective February 9, 1998 (Supp. 98-1). Amended by final rulemaking at 10 A.A.R. 850, effective April 3, 2004 (Supp. 04-1). Amended by

final rulemaking at 19 A.A.R. 826, effective July 1, 2013

(Supp. 13-2).