Section R12-4-407. Exemptions from Special License Requirements for Restricted Live Wildlife

A.      All live cervids may only be imported, possessed, or trans- ported as authorized under R12-4-430.

B.       A person is not required to possess a special license to lawfully possess restricted live wildlife under the following circum- stances:

1.        A person may possess, transport, or give away a desert tortoise (Gopherus morafkai) or the progeny of a desert tortoise provided the person possessed the tortoise prior to April 28, 1989 or obtained the tortoise through a Department authorized adoption program. A person who receives a desert tortoise that is given away under this Section is also exempt from special license requirements. A person shall not:

a.         Propagate lawfully possessed desert tortoises or their progeny unless authorized in writing by the Department’s special license administrator.

b.        Export a live desert tortoise from this state unless authorized in writing by the Department.

2.        A licensed veterinarian may possess restricted wildlife while providing medical care to the wildlife and may release rehabilitated wildlife as directed in writing by the Department, provided:

a.         The veterinarian keeps records of restricted live wildlife as required by the Veterinary Medical Examining Board, and makes the records available for inspection by the Department.

b.        The Department assumes no financial responsibility for any care the veterinarian provides, except care that is specifically authorized by the Department.

3.        A person may transport restricted live wildlife through this state provided the person:

a.         Transports the wildlife through the state within 72 continuous and consecutive hours;

b.        Ensures at least one person is continually present with, and accountable for, the wildlife while in this state;

c.         Ensures the wildlife is neither transferred nor sold to another person;

d.        Ensures the wildlife is accompanied by evidence of lawful possession, as defined under R12-4-401;

e.         Ensures a health certificate required under this Arti- cle accompanies the wildlife described on the health certificate, when applicable; and

f.         Ensures the carcasses of any wildlife that die while in transport through this state are disposed of only as directed by the Department.

4.        A person may exhibit, export, import, possess, and trans- port restricted live wildlife for a circus, temporary animal exhibit, or government-authorized state or county fair, provided the person:

a.         Possesses evidence of lawful possession as defined under R12-4-401, for the wildlife;

b.        Ensures the evidence of lawful possession accompa- nies the wildlife described on that evidence;

c.         Ensures a health certificate required under this Arti- cle accompanies the wildlife described on the health certificate, when applicable;

d.        Ensures the wildlife does not come into physical contact with the public;

e.         Keeps the wildlife under complete control by safe and humane means; and

f.         Ensures the wildlife is not in this state for more than 60 consecutive days.

5.        A person may export, import, possess, and transport restricted live wildlife  for the  purpose of  commercial photography, provided the person:

a.         Possesses evidence of lawful possession as defined under R12-4-401 for the wildlife;

b.        Ensures the evidence of lawful possession accompa- nies the wildlife described on that evidence;

c.         Ensures a health certificate required under this Arti- cle accompanies the wildlife described on the health certificate, when applicable;

d.        Ensures the wildlife does not come into physical contact with the public;

e.         Keeps the wildlife under complete control by safe and humane means; and

f.         Ensures the wildlife is not in this state for more than 60 consecutive days.

6.        A person may exhibit, import, possess, and transport restricted live wildlife for advertising purposes other than photography, provided the person:

a.         Ensures the wildlife is accompanied by evidence of lawful possession as defined under R12-4-401;

b.        Ensures the evidence of lawful possession accompa- nies the wildlife described on that evidence;

c.         Ensures a health certificate required under this Arti- cle accompanies the wildlife described on the health certificate, when applicable;

d.        Maintains the wildlife under complete control by safe and humane means;

e.         Prevents the wildlife from coming into contact with the public or being photographed with the public;

f.         Does not charge the public a fee to view the wildlife; and

g.        Exports the wildlife from the state within 10 days of importation.

7.        A person may export restricted live wildlife, provided the person:

a.         Ensures the wildlife is accompanied by evidence of lawful possession as defined under R12-4-401;

b.        Ensures the evidence of lawful possession accompa- nies the wildlife described on that evidence;

c.         Maintains the wildlife under complete control by safe and humane means;

d.        Prevents the wildlife from coming into contact with the public or being photographed with the public;

e.         Does not charge the public a fee to view the wildlife; and

f.         Exports the wildlife from the state within 10 days of importation.

8.        A person may possess restricted live wildlife taken alive under R12-4-404, R12-4-405, and R12-4-427, provided the person possesses the wildlife in compliance with those Sections.

9.        A person who holds a falconry license issued by another state or country is exempt from obtaining an Arizona Sport Falconry License under R12-4-422, unless remain- ing in this State for more than 180 consecutive days.

a.         The falconer licensed in another state or country shall present a copy of the out-of-state or out-of- country falconry license, or its equivalent, to the Department upon request.

b.        A falconer licensed in another state or country and who remains in this State for more than the 180-day

period shall apply for an Arizona Sport Falconry License in order to continue practicing sport fal- conry in this state.

10.     A person may export, give away, import, kill, possess, propagate, purchase, trade, and transport restricted live wildlife provided the person is doing so for a medical or scientific research facility registered with the United States Department of Agriculture under 9 C.F.R. 2.30 revised January 1, 2012, which is incorporated by refer- ence in this Section. The incorporated material is avail- able at any Department office, online at www.gpoaccess.gov, or may be ordered from the U.S. Government Printing Office, Superintendent  of Docu- ments, P.O.  Box 979050,  St. Louis, MO 63197-9000. This incorporation by reference contains no future edi- tions or amendments.

11.     A person may import and transport restricted live game fish and crayfish directly to restaurants or markets that are licensed to sell food to the public.

12.     A person operating a restaurant or market licensed to sell food to the public may exhibit, offer for sale, possess, and sell restricted live game fish or crayfish, provided the live game fish and crayfish are killed before being transported from the restaurant or market.

13.     A person may export, giveaway, import, kill, pos- sess, propagate, purchase, and trade transgenic animals provided the person is doing so for a medical or scientific research facility.

C.      An exemption granted under this Section is not valid for any wildlife protected by federal statute or regulation.

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 7 A.A.R. 2220, effective May 25, 2001 (Supp. 01-2). Amended by final rulemaking at 9

A.A.R. 3186, effective August 30, 2003 (Supp. 03-3). 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).