Section R12-4-605. Standards for Revocation, Suspension, or Denial of a License

A.      Under A.R.S. § 17-340, the Commission shall hold a hearing and may revoke, suspend, or deny any hunting, fishing, or trapping license for an individual who has been convicted of any of the following offenses:

1.        Killing or wounding a big game animal during a closed season or possessing a big game animal taken during a closed season. Conviction for possession of a road-kill animal or an animal that was engaged in depredation is not considered “possessing during a closed season” for the purposes of this subsection.

2.        Destroying, injuring, or molesting livestock, or damaging or destroying personal property, notices or signboards, other improvements, or growing crops while hunting, fishing, or trapping.

3.        Careless use of a firearm while hunting, fishing, or trap- ping that results in the injury or death of any person, if the act of discharging the firearm was deliberate.

4.        Applying for or obtaining a license or permit by fraud or misrepresentation in violation of A.R.S. § 17-341.

5.        Entering upon a game refuge or other area closed to hunt- ing, trapping or fishing and taking, driving, or attempting to drive wildlife from the area in violation of A.R.S. §§ 17-303 and 17-304.

6.        Unlawfully posting state or federal lands in violation of

A.R.S. § 17-304(B).

B.       Under A.R.S. § 17-340, the Commission shall hold a hearing and may revoke, suspend, or deny any hunting fishing, or trap- ping license if the Department recommends revocation, sus- pension, or denial of the license for an individual convicted of any of the following offenses:

1.        Unlawfully taking or possessing big game, if sufficient evidence, which may or may not have been introduced in the court proceeding, supports any of the following con- clusions:

a.         The big game was taken without a valid license or permit.

b.        The unlawful taking was willful and deliberate.

c.         The person in unlawful possession aided the unlaw- ful taking or was, or should have been, aware that the taking was unlawful.

2.        Unlawfully taking or possessing small game or fish, if sufficient evidence, which may or may not have been introduced in the court proceeding, supports any of the following conclusions:

a.         The taking was willful and deliberate.

b.        The possession was in excess of the lawful posses- sion limit plus the daily bag limit.

3.        Unlawfully taking wildlife species if sufficient evidence, which may or may not have been introduced in the court proceeding, indicates that the act of taking was willful and deliberate and showed disregard for state wildlife laws.

4.        Littering a public hunting or fishing area while taking wildlife, if sufficient evidence, which may or may not have been introduced in the court proceeding, indicates that an individual littered the area, the amount of litter discarded was unreasonably large, and that the individual convicted made no reasonable effort to dispose of the lit- ter in a lawful manner.

5.        Careless use of a firearm while hunting, fishing, or trap- ping that resulted in injury or death to any person, if the act of discharging the firearm was not deliberate, but suf- ficient evidence, which may or may not have been intro- duced in the court proceeding, indicates that the careless use demonstrated wanton disregard for the safety of human life or property.

6.        Any violation for which a license can be revoked under

A.R.S. § 17-340, if the person has been convicted of a revocable offense within the past three years.

7.        Violation of A.R.S. § 17-306 for unlawful possession of wildlife.

C.     Under A.R.S. §§ 17-238, 17-362, 17-363, 17-364, and 17-340,

if the Department has made a recommendation to the Commis- sion for license revocation, the Commission shall hold a hear- ing and may revoke any fur dealer, guide, taxidermy, or special license (as defined in R12-4-401) in any case where license revocation is authorized by law.

Historical Note

Adopted effective December 22, 1987 (Supp. 87-4). Amended by final rulemaking at 10 A.A.R. 2245, effec- tive July 6, 2004 (Supp. 04-2).