Section R12-4-413. Private Game Farm License

A.      A private game farm license authorizes a person to commer- cially farm and sell wildlife, as specified on the license at the location designated on the license.

1.        A private game farm license allows the license holder to:

a.         Display for sale, give away, import, offer for sale, possess, purchase, rent or lease, sell, trade, or trans- port wildlife, wildlife carcasses, or parts of wildlife; and

b.        Propagate and rear wildlife.

2.        The Private Game Farm License expires on December 31 of each year.

B.       Private game farm wildlife may be killed or slaughtered, but a person shall not kill or allow the wildlife to be killed by hunt- ing or in a manner that could be perceived as hunting or recre- ational sport harvest.

C.      Private game farm wildlife shall not be killed by a person who pays a fee to the owner of the private game farm for killing the wildlife, nor shall the game farm owner accept a fee for killing the wildlife, except as authorized under R12-4-414.

D.      A private game farm licenses authorizes the use of only the following species:

1.        Captive-reared game birds:

a.         Alectoris chukar, Chukar;

b.        Callipepla californica, California or valley quail;

c.         Callipepla gambelii, Gambel's quail;

d.        Callipepla squamata, Scaled quail;

e.         Colinus virginianus, Northern bobwhite;

f.         Cyrtonyx montezumae, Montezuma or Mearns' quail;

g.        Dendragapus obscurus, Dusky grouse; and

h.        Phasianus colchicus, Ringneck and whitewing pheasant;

2.        Mammals listed as restricted live wildlife under R12-4- 406, provided:

a.         The same species does not exist in the wild in this state;

b.        The applicant submits proof of a valid license issued by the United States Department of Agriculture under 9 CFR 25.30 at the time of application;

c.         The applicant submits a written proposal at the time of application, which includes all of the following information:

i.         Species to be possessed,

ii.        Purpose of possession,

iii.      Purpose of propagation, when applicable,

iv.       Methods  designed  to   prevent  wildlife   from escaping,

v.        Methods designed to prevent threat to native wildlife,

vi.       Methods designed to ensure public safety; and

vii.     Methods for disposal of the wildlife,   which may include export from this state, or transfer to an eligible game farm licensed under this

Section, a zoo licensed under R12-4-420, or a medical or scientific research facility exempted under R12-4-407.

E.       The Department shall deny an application for:

1.        A new private game farm license for cervids. The Depart- ment may accept a renewal application for a private game farm license holder currently permitted to possess cer- vids, provided the license holder is in compliance with all applicable requirements under R12-4-409, R12-4-430, and this Section.

2.        A private game farm license for Northern bobwhite, Coli- nus virginianus, in game management units 34A, 36A, 36B, and 36C, as prescribed under R12-4-108.

F.       In addition to the requirements established under this Section, a private game farm holder shall comply with the special license requirements established under R12-4-409.

G.      The license holder shall be responsible for compliance with all applicable regulatory requirements. The private game farm 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.

H.      The Department shall deny a private game farm license to a person who fails to meet the requirements established under R12-4-409 or this Section. The Department shall provide the written notice established under R12-4-409(F)(4) to the appli- cant 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.

I.        A person applying for a private game farm 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 furnished by the Department and is available at any Department office and online at www.azgfd.gov. An applicant shall provide 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;

3.        For wildlife to be used under the license:

a.         Common name of the wildlife species;

b.        Number of animals for each species; and

c.         When the applicant is renewing the private game farm license, the species and number of animals for each species currently held in captivity under the license;

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

a.         Name;

b.        Mailing address;

d.        Telephone number; and

e.        Physical location description to include the Global Positioning System location or Universal Transverse Mercator coordinates;

5.        A detailed description or diagram of the facilities where the applicant will hold the wildlife, and a description of how the facilities comply with the requirements estab- lished under R12-4-428 and any other captivity standards established under this Section;

6.        For each wildlife supplier from whom the special license 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).

J.        An applicant for a private game farm license shall pay all applicable fees established under R12-4-412.

K.      A private game farm license holder shall:

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

2.        Ensure each shipment of live wildlife imported into the state is accompanied by a health certificate.

a.         The certificate shall be issued no more than 30 days prior to the date on which the wildlife shipped.

b.        A copy of the certificate shall be submitted to the Department prior to importation.

3.        Ensure the following documentation accompanies each shipment of wildlife made by the game farm:

a.         Name of the private game farm license holder,

b.        Private game farm license number,

c.         Date wildlife was shipped,

d.        Number of wildlife, by species, included in the ship- ment,

e.         Name of the person or common carrier transporting the shipment, and

f.         Name of the person receiving the shipment.

4.        Provide each person who transports a wildlife carcass from the site of the game farm with a receipt that includes all of the following:

a.         Date the wildlife was purchased, traded, or given as a gift;

b.        Name of the game farm; and

c.         Number  of  wildlife  carcasses,   by  species,  being transported.

5.        Ensure each facility is inspected by the attending veteri- narian at least once every year.

6.        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.

7.        Maintain records of all wildlife possessed under the license for a period of three years. In addition to the infor- mation required under subsections (M)(4)(a) through (M)(4)(e), the records shall also include:

a.         The private game farm license holder's:

i.         Name;

ii.        Mailing address;

iii.      Telephone number; and

iv.       Special license number;

b.        Copies of all federal, state, and local licenses, per- mits, and authorizations required for the lawful operation of the private game farm;

c.         Copies of the annual report required under subsec- tion (M);

d.        Number of all restricted live wildlife, by species and the date it was obtained;

e.         Source of all restricted live wildlife and the date it was obtained;

f.         Number of offspring propagated by all restricted live wildlife; and

g.        For all restricted live wildlife disposed of by the license holder:

i.         Number, species, and date of disposition; and

ii.        Manner of disposition to include the names and addresses of persons to whom the wildlife was bartered, given, or sold, when authorized.

L.       A private game farm license holder shall not:

1.        Propagate hybrid wildlife or domestic animals with wild- life; or

2.        Possess domestic species under the special license.

M.     A private game farm license holder shall submit an annual report to the Department before January 31 of each year for activities performed under the license for the previous calen- dar year. The report form is furnished by the Department.

1.        A report is required regardless of whether or not activities were performed during the previous year.

2.        The private game farm license becomes invalid if the annual report is not submitted to the Department by Janu- ary 31 of each year.

3.        The Department will not process the special license holder’s renewal application until the annual report is received by the Department.

4.        The annual report shall include all of the following infor- mation, as applicable:

a.         Number of wildlife, by species;

b.        Source of all wildlife that the license holder obtained or propagated;

c.         Date on which the wildlife was obtained or propa- gated;

d.        Date on which the wildlife was disposed of and the manner of disposition; and

e.         Name of person who received wildlife disposed of by barter, given as a gift, or sale.

N.      Except for cervids which shall be disposed of only as estab- lished under R12-4-430, a private game farm license holder who no longer uses the wildlife for a commercial purpose shall dispose of the wildlife as follows:

1.        Export,

2.        Transfer to another private game farm licensed under this Section,

3.        Transfer to a zoo licensed under R12-4-420,

4.        Transfer to a medical or scientific research facility exempt under R12-4-407,

5.        As directed by the Department, or

6.        As otherwise authorized under this Section.

O.      A private game farm license holder shall comply with the requirements established under R12-4-428 and R12-4-430.

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. 2732, effective July 1, 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).