Section R12-4-509. Watercraft Agents

A.      The Department has the authority to authorize a watercraft dealer to act as an agent on behalf of the Department for the purpose of issuing temporary certificates of number valid for 30 days for new watercraft, provided:

1.        The applicant’s previous authority to act as a watercraft agent under A.R.S. § 5-321(I) has not been canceled by the Department within the preceding 24 months, and

2.        The applicant is a business located and operating within this state and sells watercraft for an identified manufac- turer.

B.       An applicant seeking watercraft dealer authorization shall sub- mit an application to the Department. The application is fur- nished by the Department and available at the Arizona Game and Fish Department, 5000 W. Carefree Highway, Phoenix, AZ 85086. The applicant shall provide the following informa- tion on the application:

1.        Principal business or corporation name, address, and tele- phone number or if not a corporation, the full name, address, and telephone number of all owners or partners;

2.        Name, address, and telephone number of the owner or manager responsible for compliance with this Section;

3.        Whether the applicant has previously issued temporary certificates of number under A.R.S. § 5-321(I);

4.        All of the following information specific to the location from which new watercraft are to be sold and temporary certificates of number issued:

a.         Name of owner or manager;

b.        Business hours;

c.         Business telephone number;

d.        Business type;

e.         Storefront name; and

f.         Street address;

5.        Manufacturers of the watercraft to be distributed; and

6.        Signature of person named under subsection (B)(2).

C.      The Department shall either approve or deny the application within the licensing time-frame established under R12-4-106.

D.      The watercraft dealer shall:

1.        Use the assigned watercraft dealer number when issuing a temporary certificate of number,

2.        Use the online application system or forms supplied by the Department; and

3.        Collect the appropriate fee as prescribed under A.R.S. §§ 5-321 and 5-327.

E.       Authorization to act as a watercraft agent is specific to the dealer’s business location designated on the application and approved by the Department, unless the dealer is participating in a scheduled, advertised boat show for the purpose of selling watercraft.

F.       A watercraft dealer shall not destroy prenumbered temporary certificate of number applications provided by the Depart- ment. The watercraft dealer shall mark the unused prenum- bered application  “void”  and return  the application to  the Department with the monthly report required under subsection (J).

G.      The Department shall provide supplies within 30 calendar days after receipt of the watercraft dealer’s request form. The watercraft dealer shall verify supplies were received within seven days of receipt.

H.      A watercraft dealer issuing a temporary certificate of number to the purchaser of a new watercraft shall comply with all the following:

1.        The watercraft dealer shall obtain an application if the watercraft is purchased from the dealer or the applicant’s bill of sale containing the following information:

a.         Statement that the watercraft is new;

b.        Names and addresses of the buyer and seller;

c.         Date of purchase;

d.        Amount of sales tax paid;

e.         Purchase price;

f.         Make and model of watercraft, if known;

g.        Engine drive type;

h.        Length of the watercraft;

i.         Year of manufacture; and

j.         Hull identification number.

2.        The watercraft dealer shall identify to the applicant the state registration fee and the nonresident boating safety infrastructure fee, when applicable, separately from any other costs.

3.        Within 72 hours after issuing a temporary certificate of number, a watercraft dealer shall deliver or mail the legi- ble original application, a legible original or copy of the bill of sale, the original certificate of origin, and the state’s fees to the Arizona Game and Fish Department, Watercraft Agent Representative, 5000 W. Carefree Highway, Phoenix, AZ 85086.

4.        The state’s fees shall be submitted by check or money order with the required documentation or electronically prior to the submission of the required documentation.

I.        The Department shall accept online applications or prenum- bered temporary certificate of number application forms pro- vided to the watercraft dealer by the Department, as established under R12-4-502.

J.        By the 10th day of each month, a watercraft dealer shall sub- mit a report of activity for the previous month to the Depart- ment on a form furnished by the Department and available at the Department office listed under subsection (H)(3). The watercraft dealer shall submit the report whether or not any activity occurred during the reporting period. The report shall include all of the following:

1.        Name and address of the watercraft dealer;

2.        Department assigned watercraft agent number;

3.        For each temporary certificate of number issued:

a.         Application number;

b.        Name of the purchaser;

c.         Hull identification number; and

d.        Date of issuance; and

4.        A list of any voided or missing application numbers, with explanation.

5.        A watercraft dealer who processes all transactions using the Department’s online application system is exempt from subsection (J).

K.      The Department may cancel the watercraft dealer’s authoriza- tion and demand the return of or collect all supplies issued to the agent if the dealer does any one of the following:

1.        Fails to comply with the requirements established under this Section;

2.        Submits more than one check, draft, order, or electronic payment dishonored because of insufficient funds, pay- ments stopped,  or  closed accounts  to the Department within a calendar year;

3.        Predates, postdates, alters, or provides or knowingly allows false information to be provided on or with an application for a temporary certificate of number;

4.        Issues a temporary certificate of number for a used water- craft;

5.        Falsifies the application for authorization as a watercraft agent; or 6.Falsifies the monthly report required by sub- section (J).

L.       Denial of a dealer’s application to become a watercraft agent, or cancellation of watercraft agent status by the Department may  be  appealed  to  the  Commission   as  prescribed   under

A.R.S. Title 41, Chapter 6, Article 10.

Historical Note

Adopted effective May 27, 1992 (Supp. 92-2). Amended by final rulemaking at 9 A.A.R. 1613, effective July 5, 2003 (Supp. 03-2). Amended by final rulemaking at 13

A.A.R. 4511, effective February 2, 2008 (Supp. 07-4). Amended by final rulemaking at 19 A.A.R. 597, effective

July 1, 2013 (Supp. 13-1).