Section R12-4-411. Live Bait Dealer's License

A.      A live bait dealer's license allows a person to perform any of the following activities using the aquatic live wildlife listed under subsection (B): exhibit for sale, export, import, kill, offer for sale, possess, purchase, sell, trade, or transport.

B.       A live bait dealer's license allows a person to perform any of the activities listed under subsection (A) with any or all of the following aquatic live wildlife:

1.        Fathead minnow, Pimephales promelas;

2.        Golden shiner, Notemigonus crysoleucas;

3.        Goldfish, Carassius auratus;

4.        Mosquito fish, Gambusia affinis;

5.        Threadfin shad, Dorosoma petenense; and

6.        Waterdogs, Ambystoma tigrinum, except in that portion of Santa Cruz County lying east and south of State High- way 82, or that portion of Cochise County lying west of the San Pedro River and south of State Highway 82.

C.      A live bait dealer's license expires on December 31 of each year.

D.      In addition to the requirements established under this Section, a live bait dealer license holder shall comply with the special license requirements established under R12-4-409.

E.       The license holder shall be responsible for compliance with all applicable regulatory requirements. The live bait dealer's license does not:

1.        Exempt the license holder from any municipal, county, state, or federal codes, ordinances, statutes, rules, or regu- lations; or

2.        Authorize the license holder to engage in authorized activities using federally-protected wildlife, unless the license holder possesses a valid license, permit, or other form of documentation issued by the United States autho- rizing the license holder to use that wildlife in a manner consistent with the special license.

F.       The Department shall deny a live bait dealer’s license to a per- son who fails to meet the requirements established under R12- 4-409 or this Section. The Department shall provide the writ- ten notice established under R12-4-409(F)(4) to the applicant stating the reason for the denial. The person may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10.

G.      A person applying for a live bait dealer's license shall submit an application to the Department. A separate application is required for each location where the applicant proposes to use wildlife. The application is available from any Department office and online at www.azgfd.gov. An applicant shall pro- vide the following information on the application:

1.        The applicant's information:

a.         Name;

b.        Mailing address;

c.         Telephone number; and

d.        Department ID number, when applicable;

2.        The applicant's business:

a.         Name;

b.        Federal Tax Identification Number;

c.         Mailing address; and

d.        Telephone number of the applicant's business;

3.        Wildlife species information:

a.         Common name of all wildlife species; and

b.        The number of animals for each species that will be sold under the license.

4.        For each location where the wildlife will be used, the owner’s:

a.         Name;

b.        Mailing address;

c.         Telephone number; and

5.        A detailed description or diagram of the facilities where the applicant will hold the wildlife;

6.        For each supplier from whom the applicant will obtain wildlife, the supplier’s:

a.         Name;

b.        Federal Tax Identification Number;

c.         Mailing address;

d.        Telephone number;

7.        Any other information required by the Department; and

8.        The certification required under R12-4-409(C).

H.      An applicant for a live bait dealer’s license shall pay all appli- cable fees established under R12-4-412.

I.        A live bait dealer's license holder shall:

1.        Comply with all additional stipulations placed on the license by the Department, as authorized under R12-4- 409(H).

2.        Obtain live baitfish from a facility certified free of the diseases and causative agents through the following actions:

a.         An inspection shall be performed by a qualified fish health inspector or fish pathologist at the facility where the wildlife is held before it is shipped to the license holder.

b.        The inspection shall be conducted no more than 12 months prior to the date on which the aquatic wild-

life or biological material is shipped to the license holder. The Department may require additional inspections at any time prior to shipping.

c.         The applicant shall submit a copy of the certification to the Department prior to conducting any activities authorized under the license.

d.        The live bait dealer's license holder shall include a copy of the certification in each shipment.

3.        Allow the Department to conduct inspections of an appli- cant’s or license holder’s facility and records at any time before or during the license period to determine compli- ance with the requirements of this Article.

4.        Possess the license or legible copy of the license while conducting activities authorized under the live bait deal- ers license and presents it for inspection upon the request of any Department employee or agent.

5.        Dispose of aquatic wildlife only as authorized under this Section or as directed by the Department.

J.        A live bait dealer's license holder shall comply with the requirements established under R12-4-428.

Historical Note

Adopted effective April 28, 1989 (Supp. 89-2). Amended by final rulemaking at 7 A.A.R. 2220, effective May 25, 2001 (Supp. 01-2). 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, effec-

tive December 5, 2015 (Supp. 15-4).