Section R12-4-405. Importing, Purchasing, and Transporting Live Wildlife Without an Arizona License or Permit

A.      A person may import mammals, birds, amphibians, and rep- tiles not listed as restricted wildlife under R12-4-406 without a special license required under this Article, provided the ani- mals are:

1.        Lawfully possessed under a:

a.         Lawful exemption; or

b.        Valid license, permit, or other form of authorization from another state, the United States, or another country; and

2.        Accompanied by the health certificate required under 3

A.A.C. 2, Article 6, and this Article, when applicable.

B.       A person may import live aquatic wildlife not listed as restricted wildlife under R12-4-406 without a special license under the following conditions:

1.        The aquatic wildlife is lawfully possessed under a lawful exemption, valid license, permit, or other form of authori- zation from another state, the United States, or another country; and

2.        The aquatic wildlife is used only for restaurants or mar- kets that are licensed to sell food to the public and the wildlife is killed before it is transported from the restau- rant or market, or, if transported alive from the market, is conveyed directly to its final destination for preparation as food; or

3.        The aquatic wildlife is used only for the aquarium trade or a fish farm and is accompanied by a valid license or permit issued by another state or the United States that allows the wildlife to be transported into this state.

a.         A person in the aquarium trade shall:

i.         Only use aquatic wildlife used in the aquarium trade as a pet or in an educational display, and

ii.        Keep aquatic wildlife used in the aquarium trade in an aquarium or enclosed pond that does not allow the wildlife to leave the aquarium or pond and does not allow other live aquatic wildlife to enter the aquarium or pond.

b.        A person in the aquarium trade shall not use or pos- sess aquatic wildlife listed as restricted live wildlife under R12-4-406.

C.      A person shall obtain the appropriate special license listed under R12-4-409(A) before importing aquatic live wildlife for any purpose not stated under subsection (B), unless exempt under this Chapter.

D.      A person may purchase, possess, exhibit, transport, propagate, trade, rent, lease, give away, sell, offer for sale, export, or kill wildlife or aquatic wildlife or its offspring without an Arizona license or permit if the wildlife is lawfully imported and pos- sessed as prescribed under subsections (A) or (B).

E.       An individual shall use and dispose of wildlife that is taken under an Arizona hunting or fishing license as prescribed by R12-4-404, or R12-4-417 and this Article, as applicable.

Historical Note

Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secre- tary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21

A.A.R. 2813, effective December 5, 2015 (Supp. 15-4).