Section R12-4-424. White Amur Stocking and Holding License

A.      For the purposes of this Section:

“Closed aquatic system” means any body of water, water system, canal system, or series of lakes, canals, or ponds where triploid white amur are prevented from entering or exiting the system by any natural or man-made barrier, as determined by the Department.

“Triploid” means a species having 1.5 chromosome sets that renders them sterile.

B.       A white amur stocking and holding license allows a person to import, possess, stock in a closed aquatic system, and transport triploid white amur (Ctenopharyngodon idella).

C.      The white amur stocking and holding license is valid for no more than 20 consecutive days.

D.      In addition to the requirements established under this Section, a white amur stocking and holding 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 white amur stocking and holding 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 white amur stocking and holding license to a person who fails to meet the requirements estab- lished under R12-4-409 or this Section. The Department shall provide the written 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. In addition to the requirements and criteria established under R12-4-409(F)(1) through (4), the Department shall deny a white amur stocking license when it determines the issuance of the license may result in a negative impact on native wildlife.

G.      A person applying for a white amur stocking and holding license shall submit an application to the Department. A sepa- rate application is required for each location where the appli- cant proposes to stock white amur. The application is furnished by the Department and is available from any Depart- ment 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.        Mailing address;

c.         Telephone number; and;

d.        Department ID number, when applicable;

2.        If the applicant will use the wildlife for a commercial pur- pose, the applicant's business:

a.         Name;

b.        Federal Tax Identification Number;

c.         Mailing address; and

d.        Telephone number;

3.        For each location where the white amur will be held, stocked, or restocked, 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;

e.         For the purposes of this subsection, the following systems may qualify as separate locations, as deter- mined by the Department:

i.         Each closed aquatic system;

ii.        Each separately managed portion of a closed aquatic system; or

iii.      Multiple separate closed aquatic systems owned, controlled, or legally held by the same applicant where stocking is to occur;

4.        A detailed description and diagram of each enclosed aquatic system where the applicant will stock and hold the white amur, as prescribed under A.R.S. § 17-317, which shall include the following information, as applica- ble:

a.         A description of how the system meets the definition of a “closed aquatic system” in subsection (A);

b.        Size of waterbody proposed for stocking;

c.         Nearest river, stream, or other freshwater system;

d.        Points where water enters into each water body;

e.         Points where water leaves each water body; and

f.         Location of fish containment barriers;

5.        For each wildlife supplier from whom the applicant will obtain white amur, the supplier’s:

a.         Name;

b.        Federal Tax Identification Number;

c.         Mailing address; and

d.        Telephone number;

6.        The number and average length of white amur to be stocked;

7.        The dates white amur will be stocked, or restocked;

8.        Any other information required by the Department; and

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

H.      When the Department determines an applicant proposes to stock and hold white amur in a watershed in a manner that conflicts with the Department's efforts to conserve wildlife, in addition to the requirements listed under subsection (G), the applicant shall also submit a written proposal to the Depart- ment at the time of application. The written proposal shall con- tain all of the following:

1.        Anticipated benefits from introducing white amur;

2.        Potential risks introducing white amur may create for wildlife, including:

a.         Whether  white   amur  are  compatible  with  native aquatic species or game fish; and

b.        Method for evaluating the potential impact introduc- ing white amur will have on wildlife;

3.        Assessment of probable impacts to sensitive species in the area using the list generated by the Department’s On- Line Environmental Review Tool, which is available at www.azgfd.gov. The proposal must address each species listed.

I.        A white amur stocking license holder who applies to renew the license shall pay fees as prescribed under R12-4-412.

J.        A white amur stocking and holding license holder shall com- ply with the requirements established under R12-4-409.

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

2.        Obtain all aquatic wildlife, live eggs, fertilized eggs, and milt from a licensed fish farm operator or a private non- commercial fish pond 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 fish farm or  pond  where  the  aquatic  wildlife  or  biological

material 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 stocking.

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

3.        Allow the Department to conduct inspections of an appli- cant’s or license holder’s facility, records, and any waters proposed for stocking at any time before or during the license period to determine compliance with the require- ments of this Article and to determine the appropriate number of white amur to be stocked.

4.        Ensure all shipments of white amur are accompanied by a USFWS, or similar agent, certificate confirming the white amur are triploid.

5.        Possess the license or legible copy of the license while conducting any activities authorized under the white amur stocking and holding license and presents it for inspection upon the request of any Department employee or agent.

K.      A white amur stocking and holding license holder shall com- ply with the requirements established under R12-4-409 and R12-4-428.

Historical Note

Adopted as an emergency effective July 5, 1988, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 88-3). Correction, Historical Note, Supp. 88-3, should read, “Adopted as an emergency effective July 15, 1988...”; readopted and amended as an emergency effective Octo- ber 13, 1988, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 88-4). Emergency expired. Readopted as an emergency effective January 24, 1989, pursuant to

A.R.S. § 41-1026, valid for only 90 days (Supp. 89-1). Emergency expired. Former Section R12-4-219 amended and adopted as a permanent rule and renumbered as Sec-

tion R12-4-424 effective April 28, 1989 (Supp. 89-2). 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 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 19 A.A.R. 3225, effec- tive January 1, 2014 (Supp. 13-3). Amended by final

rulemaking at 21 A.A.R. 2813, effective December 5,

2015 (Supp. 15-4).