Section R12-4-423. Wildlife Rehabilitation License

A.      For the purposes of this Section, “volunteer” means a person who:

Is not designated as an agent, as defined under R12-4-401, Assists a wildlife rehabilitation license holder without com-

pensation, and

Is under the direct supervision of the license holder at the loca- tion specified on the wildlife rehabilitation license.

B.       A wildlife rehabilitation license is issued for the sole purpose of restoring and returning wildlife to the wild through rehabili- tative services. The license allows a person 18 years of age or older to conduct any of the following activities with live injured, disabled, orphaned or otherwise debilitated wildlife specified on the rehabilitation license:

1.        Capture;

2.        Euthanize;

3.        Export to a licensed zoo, when authorized by the Depart- ment;

4.        Rehabilitate;

5.        Release;

6.        Temporarily possess;

7.        Transport; or

8.        Transfer to one of the following:

a.         Licensed veterinarian for treatment or euthanasia;

b.        Another appropriately licensed special license holder;

c.         Licensed zoo, when authorized by the Department; or

9.        As otherwise directed in writing by the Department.

C.      A wildlife rehabilitation license authorizes the possession of the following taxa or species:

1.        Amphibians;

2.        Reptiles;

3.        Birds:

a.         Non-passerines, birds in any order other than those named in subsections (b) through (e);

b.        Birds in the orders Falconiformes or Strigiformes, raptors;

c.         Birds in the order, Galliformes quails and turkeys;

d.        Birds in the order Columbiformes, doves;

e.         Birds in the order Trochiliformes, hummingbirds; and

f.         Birds in the order Passeriformes, passerines;

4.        Mammals:

a.         Nongame mammals;

b.        Bats;

c.         Big game mammals other than cervids: bighorn sheep, bison, black bear, javelina, mountain lion, pronghorn;

d.        Carnivores: bobcat, coati, coyote, foxes, raccoons, ringtail, skunks, and weasels; and

e.         Small game mammals.

D.      A wildlife rehabilitation license authorizes the possession of the following taxa or species only when specifically requested at the time of application:

1.        Eagles;

2.        Species listed under 50 C.F.R. 17.11, revised October 1, 2013; and

3.        The Department's Tier 1 Species of Greatest Conserva- tion Need, as defined under R12-4-401.

4.        For the purposes of subsection (D)(2), this incorporation by reference contains no future editions or amendments. The incorporated material is available at any Department office, online at www.gpoaccess.gov, or may be ordered from the U.S. Government Printing Office, Superinten- dent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000.

E.       All wildlife held under the license is the property of the state and shall be surrendered to the Department upon request.

F.       The wildlife rehabilitation license expires on the last day of the third December from the date of issuance.

G.      In addition to the requirements established under this Section, a wildlife rehabilitation license holder shall comply with the special license requirements established under R12-4-409.

H.      The Department shall deny a wildlife rehabilitation license to a person who fails to meet the requirements and criteria estab- lished under R12-4-409, R12-4-428, or this Section or when the person's wildlife rehabilitation license is suspended or revoked in any state. The Department shall provide the written notice established under R12-4-409 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.

I.        The license holder shall be responsible for compliance with all applicable regulatory requirements; the wildlife rehabilitation 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.

J.        Before applying for a wildlife rehabilitation license, a person shall successfully complete an examination conducted by the

Department. The Department shall consider only those parts of the examination that are applicable to the taxa of wildlife for which the license is sought in establishing the qualifications of the applicant.

1.        Examinations are provided by appointment, only.

2.        An applicant may request a verbal or written examina- tion.

3.        The examination shall include questions regarding:

a.         Wildlife rehabilitation;

b.        Safe handling of wildlife;

c.         Transporting wildlife;

d.        Humane treatment;

e.         Nutritional requirements;

f.         Behavioral requirements;

g.        Developmental requirements;

h.        Ecological requirements;

i.         Habitat requirements;

j.         Captivity standards established under R12-4-428;

k.        Human and wildlife safety considerations;

l.         State statutes, rules, and regulations regarding wild- life rehabilitation; and

m.       National Wildlife Rehabilitation Association mini- mum standards for wildlife rehabilitation.

4.        The applicant must successfully complete the examina- tion within three years prior to the date on which the ini- tial application for the license is submitted to the Department.

K.      A person applying for a wildlife rehabilitation license shall submit an application to the Department. A separate applica- tion 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. The applicant shall provide the following information on the application:

1.        The applicant's information:

a.         Name;

b.        Date of birth;

c.         Mailing address;

d.        Telephone number;

e.         Facility address, if different from mailing address;

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

g.        Department ID number, when applicable;

2.        The wildlife taxa or species listed under subsection (C) that will be possessed under the license;

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

a.         Name;

b.        Mailing address;

c.         Telephone number; and

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

4.        A detailed description, diagram, and photographs of the facility where the applicant will hold the wildlife, and a description of how the facility complies with R12-4-428 and any other captivity standards established under this Section;

5.        Any other information required by the Department; and

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

L.       In addition to the requirements listed under subsection (K), at the time of application, an applicant for a wildlife rehabilita- tion license shall also submit:

1.        Any one or more of the following:

	a.      A valid, current license issued by a state veterinary		out  activities  authorized  under  the  wildlife   rehabilitation
	medical examination authority that authorizes the		license by submitting a written request to the Department.
	applicant to practice as a veterinarian;		1.     An applicant may request the ability to allow a person to
	b.     Proof of at least six months of experience perform-		act as an agent on the applicant’s behalf, provided:
	ing wildlife rehabilitative work with an average of at		a.      An employment or supervisory relationship exists
	least eight hours each week for the taxa or species of		between the applicant and the agent, and
	animal listed on the application; or		b.     The agent’s privilege to take or possess live wildlife
	c.      A current and valid license, permit, or other form of		is not suspended or revoked in any state
	authorization issued by another state or the federal		2.     The license holder shall obtain approval from the Depart-
	government  that  allows  the  applicant   to  perform		ment prior to allowing the agent assist in any activities.
	wildlife rehabilitation;		3.     The license holder is liable for all acts the agent performs
2.	Proof the applicant successfully completed the examina-		under the authority of this Section.
	tion required under subsection (J) no more than three		4.     The Department, acting on behalf of the Commission,
	years prior to submitting the application;		may suspend or revoke a license for violation of this Sec-
3.	An affidavit signed by the applicant affirming either of		tion by an agent.
	the following:		5.     The license holder shall ensure the agent possesses a legi-
	a.      The applicant is a licensed veterinarian; or		ble copy of the license while conducting any activity
	b.     A licensed veterinarian is reasonably available to		authorized under the wildlife rehabilitation license and
	provide veterinary services as necessary to facilitate		presents it for inspection upon the request of any Depart-
	rehabilitation of wildlife.		ment employee or agent.
4.	A written statement describing:	P.	At any time during the license period, a wildlife rehabilitation
	a.      The applicant’s preferred method of disposing of		license holder may request permission to amend the license to
	non-releasable live wildlife as listed under subsec-		add or delete an agent or a location where wildlife is held; or to
	tion (B); and		obtain authority to rehabilitate additional taxa of wildlife. To
	b.     A statement of the applicant's training and experi-		request an amendment, the license holder shall submit the fol-
	ence in handling, capturing, rehabilitating, and car-		lowing information to the Department, as applicable:
	ing for the taxa or species when the applicant is		1.     To add or delete an agent, the information stated in sub-
	applying for a license to perform authorized activi-		sections (K)(1) through (K)(4) and (L)(2), as applicable
	ties with taxa or species of wildlife listed under sub-		to the agent;
	section (C).		2.     To add or delete a location, the information stated in sub-

M.     A wildlife rehabilitation license holder who wishes to continue activities authorized under the license shall renew the license before it expires.

1.        When renewing a license without change to the species, location, or design of the facility where wildlife is held as authorized under the current license, the license holder may reference supporting materials previously submitted in compliance with subsection (K).

2.        A license holder applying for a renewal of the license shall successfully complete the examination at the time of renewal when the annual report submitted under subsec- tion (Z) indicates the license holder did not perform any rehabilitative activities under the license.

3.        A license holder applying for a renewal of the license shall submit proof the license holder has completed the continuing education requirement established under sub- section (N).

N.      During the license period a wildlife rehabilitation license holder shall complete eight or more hours of continuing educa- tion sessions on wildlife rehabilitation or veterinary medicine. Acceptable continuing education sessions may be obtained from:

1.        An accredited university or college;

2.        The National Wildlife Rehabilitators Association, 2625 Clearwater Rd. Suite 110, St. Cloud, MN 56301;

3.        The International Wildlife Rehabilitation Council,  PO Box 3197, Eugene, OR 97403; or

4.        Other applicable training opportunities approved by the Department in writing. A license holder who wishes to use other applicable training to meet the eight hour con- tinuing education requirement shall request approval of the other applicable training prior to participating in the education session.

O.      A wildlife rehabilitation license holder may request authoriza- tion to allow an agent to assist the license holder in carrying

section (K)(1) through (K)(5); and

3. To obtain authority to rehabilitate additional taxa or wild- life, the information stated in subsection (K)(1) through (K)(5) and (L)(1) through (L)(4).

Q.       A wildlife rehabilitation license holder authorized to rehabili- tate wildlife species listed under subsection (C)(3)(c), (C)(4)(c) and (C)(4)(d) or (D) shall contact the Department within 24 hours of receiving the individual animal to obtain instructions in  handling  or transferring  that  animal.  While awaiting instructions, the license holder shall ensure that emergency veterinary care is provided as necessary.

R.       A wildlife rehabilitation license holder shall:

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

2.        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.

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

4.        Capture, remove, transport, and release wildlife held under the requirements of this Section in a manner that is least likely to cause injury to the affected wildlife.

5.        Conduct rehabilitation only at the location listed on the license

6.        Be responsible for all expenses incurred, including veteri- nary expenses, and all actions taken under the license, including all actions or omissions of all agents and volun- teers when performing activities under the license.

7.        Immediately surrender wildlife held under the license to the Department upon request.

8.        Dispose of all wildlife that is euthanized or that otherwise dies within 30 days of death either by burial, incineration, or transfer to a scientific research institution, except that the license holder shall transfer all carcasses of endan-

gered or threatened species, species listed under the Department’s Tier 1 Species of Greatest Conservation Need, or eagles as directed by the Department.

9.        Maintain a current log that records the information speci- fied under subsection (Z).

10.     Possess the license or legible copy of the license at each authorized location and while conducting any rehabilita- tion activities and presents it for inspection upon the request of any Department employee or agent.

11.     Ensure a copy of the wildlife rehabilitation license accompanies each transfer or shipment of wildlife.

S.        A wildlife rehabilitation license holder shall not:

1.        Display for educational purposes any wildlife held under the license.

2.        Exhibit any wildlife held under the license.

3.        Permanently possess any wildlife held under the license.

T.       A wildlife rehabilitation license holder may possess:

1.        All wildlife for no more than 90 days; or

2.        A bird for no more than 180 days, unless the Department has authorized possession for a longer period of time.

U.       A license holder may request permission to possess wildlife for a longer period of time than specified in subsection (T) by submitting a written request to the Department.

1.        The Department shall approve or deny the request within ten days of receiving the request.

2.        For requests made due to a medical necessity, the Depart- ment may require the license holder to provide a written statement listing the medical reasons for the extension, signed by a licensed veterinarian.

3.        The license holder may continue to hold the specified wildlife while the Department considers the request.

4.        If the request is denied, the Department shall send a writ- ten notice to the license holder which shall include spe- cific, time-dated directions for the surrender or disposition of the animal.

V.       A wildlife rehabilitation license holder may allow a licensed falconer to assist in conditioning a raptor in preparation for the raptor’s release to the wild.

1.        The license holder may allow the licensed falconer to temporarily remove the raptor from the license holder's facility while conditioning the raptor.

2.        The license holder shall provide the licensed falconer with a written statement authorizing the falconer to assist the license holder.

3.        The written statement shall identify the raptor by species, type of injury, and band number, when available.

4.        The license holder shall ensure the licensed falconer returns the raptor to the license holder within the 180-day period established under subsection (T).

W.      A wildlife rehabilitation license holder may hold wildlife under the license after the wildlife reaches a state of restored health only for the amount of time reasonably necessary to prepare the wildlife for release. Rehabilitated wildlife shall be released:

1.        In an area without immediate threat to the wildlife or con- tact with humans;

2.        During an ecologically appropriate time of year and time of day; and

3.        Into a suitable habitat in the same geographic area where the animal was originally obtained; or

4.        In an area designated by the Department.

X.       Wildlife that is not releasable after the time-frames specified in subsection (T) shall be transferred, disposed of, or eutha- nized as determined by the Department.

Y.       To permanently hold rehabilitated wildlife that is unsuitable for release, a wildlife rehabilitation license holder shall apply

for and obtain a wildlife holding license in compliance with under R12-4-417.

Z.       A wildlife rehabilitation license holder shall submit an annual report to the Department before January 31 of each year for the previous calendar 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 wildlife rehabilitation 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 contain the following informa- tion:

a.         The license holder’s:

i.         Name;

ii.        Mailing address; and

iii.      Telephone number;

b.        Each agent’s:

i.         Name;

ii.        Mailing address; and

iii.      Telephone number;

c.         The permit or license number of any federal permits or licenses that relate to any rehabilitative function performed by the license holder; and

d.        An itemized list of each animal held under the license during the calendar year for which activity is being reported. For each animal held by the license holder or agent, the itemization shall include:

i.         Species;

ii.        Condition that required rehabilitation;

iii.      Date of acquisition;

iv.       Source of acquisition;

v.        Location of acquisition;

vi.       Age   class  at  acquisition,  when  reasonably determinable;

vii.     Status at disposition or end-of-year in relation to the condition requiring rehabilitation;

viii.    Method of disposition;

ix.       Location of disposition; and

x.        Date of disposition.

e.         For activities related to federally-protected wildlife, a copy of the rehabilitator's federal permit report of activities related to federally-protected wildlife sat- isfies the reporting requirement established under subsection (Z)(4)(c) for federally protected wildlife.

AA. A wildlife rehabilitation license holder shall comply with the requirements established under R12-4-409, R12-4-428, and R12-4-430, as applicable.

Historical Note

Adopted effective January 4, 1990 (Supp. 90-1).

Amended effective January 1, 1995; filed in the Office of the Secretary 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).