Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 4 - LIVE WILDLIFE › Section R12-4-401 - Live Wildlife Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to definitions provided under A.R.S. §
									17-101,
				  and for the purposes of this Article, the following definitions apply:
"Adoption" means the transfer of custody of live wildlife to
				  a member of the public, initiated by either the Department or its authorized
				  agent, when no special license is required.
"Agent" means the person identified on a special license and
				  who assists a special license holder in performing activities authorized by the
				  special license to achieve the objectives for which the license was issued.
				  "Agent" has the same meaning as "sublicensee" and "subpermittee" as these terms
				  are used for the purpose of federal permits.
"Aquarium trade" means the commercial industry and its
				  customers who lawfully trade in aquatic live wildlife.
"Aversion training" means behavioral training in which an
				  aversive stimulus is paired with an undesirable behavior in order to reduce or
				  eliminate that behavior.
"Captive live wildlife" means live wildlife held in
				  captivity, physically restrained, confined, impaired, or deterred to prevent it
				  from escaping to the wild or moving freely in the wild.
"Captive-reared" means wildlife born, bred, raised, or held
				  in captivity.
"Circus" means a scheduled event where a variety of
				  entertainment is the principal business, primary purpose, and attraction.
				  "Circus" does not include animal displays or exhibits held as an attraction for
				  a secondary commercial endeavor.
"Commercial purpose" means the bartering, buying, leasing,
				  loaning, offering to sell, selling, trading, exporting or importing of wildlife
				  or their parts for monetary gain.
"Domestic" means an animal species that does not exist in the
				  wild, and includes animal species that have only become feral after they were
				  released by humans who held them in captivity or individuals or populations
				  that escaped from human captivity.
"Educational display" means a display of captive live
				  wildlife to increase public understanding of wildlife biology, conservation,
				  and management which may or may not include soliciting payment from an audience
				  or an event sponsor with the intent to recover costs incurred in providing the
				  educational display. For the purposes of this Article, "to display for
				  educational purposes" refers to display as part of an educational
				  display.
"Educational institution" means any entity that provides
				  instructional services or education-related services to persons.
"Endangered or threatened wildlife" means wildlife listed
				  under
				  50 CFR
				  17.11, revised October 1, 2019, which is
				  incorporated by reference. A copy of the list is available at any Department
				  office, online at
www.gpo.gov
, or may
				  be ordered from the U.S. Government Printing Office, Superintendent of
				  Documents, P.O. Box 979050, St. Louis, MO 63197-9000. This incorporation by
				  reference does not include any later amendments or editions of the incorporated
				  material.
"Evidence of lawful possession" means any license or permit
				  authorizing possession of a specific live wildlife species or individual, or
				  other documentation establishing lawful possession. Other forms of
				  documentation may include, but are not limited to, a statement issued by the
				  country or state of origin verifying a license or permit for that specific live
				  wildlife species or individual is not required.
"Exhibit" means to display captive live wildlife in public or
				  to allow photography of captive live wildlife for any commercial
				  purpose.
"Exotic" means wildlife or offspring of wildlife not native
				  to North America.
"Fish farm" means a commercial operation designed and
				  operated for propagating, rearing, or selling aquatic wildlife for any
				  purpose.
"Game farm" means a commercial operation designed and
				  operated for the purpose of propagating, rearing, or selling wildlife for any
				  purpose stated under R12-4-413.
"Health certificate" means a certificate of an inspection
				  completed by a licensed veterinarian or federal- or state-certified inspector
				  verifying the animal examined appears to be healthy and free of infectious,
				  contagious, and communicable diseases.
"Hybrid wildlife" means an offspring from two different
				  wildlife species or genera. Offspring from a wildlife species and a domestic
				  animal species are not considered wildlife. This definition does not apply to
				  bird hybrids as defined under the Migratory Bird Treaty Act, under
				  50
				  CFR 21.3, revised October 1, 2019.
"Live baitfish" means any species of live freshwater fish
				  designated by Commission Order as lawful for use in taking aquatic wildlife
				  under R12-4-313 and R12-4-314.
"Live bait" means aquatic live wildlife used or intended for
				  use in taking aquatic wildlife.
"Migratory birds" mean all species listed under
				  50 CFR
				  10.13 revised October 1, 2019, and no later
				  amendments or editions. The incorporated material is available from the U.S.
				  Government Printing Office, Superintendent of Documents, P.O. Box 979050, St.
				  Louis, MO 63197-9000, and is on file with the Department.
"Noncommercial purpose" means the use of products or services
				  developed using wildlife for which no compensation or monetary value is
				  received.
"Nonhuman primate" means any nonhuman member of the order
				  Primate of mammals including prosimians, monkeys, and apes.
"Nonnative" means wildlife or its offspring that did not
				  occur naturally within the present boundaries of Arizona before European
				  settlement.
"Photography" means any process that creates durable images
				  of wildlife or parts of wildlife by recording light or other electromagnetic
				  radiation, either chemically by means of a light-sensitive material or
				  electronically by means of an image sensor.
"Rehabilitated wildlife" means live wildlife that is injured,
				  orphaned, sick, or otherwise debilitated and is provided care to restore it to
				  a healthy condition suitable for release to the wild or for lawful captive
				  use.
"Research facility" means any association, institution,
				  organization, school, except an elementary or secondary school, or society that
				  uses or intends to use live animals in research.
"Restricted live wildlife" means wildlife that cannot be
				  imported, exported, or possessed without a special license or lawful
				  exemption.
"Shooting preserve" means any operation where live wildlife
				  is released for the purpose of hunting.
"Special license" means any license issued under this
				  Article, including any additional stipulations placed on the license
				  authorizing specific activities normally prohibited under A.R.S. § 17-306
				  and R12-4-402.
"Species of greatest conservation need" means any species
				  listed in the Department's Arizona's State Wildlife Action Plan list Tier 1a
				  and 1b published by the Arizona Game and Fish Department. The material is
				  available for inspection at any Department office and the Department's
				  website.
"Stock" and "stocking" means to release live aquatic wildlife
				  into public or private waters other than the waters where taken.
"Taxa" means groups of animals within specific classes of
				  wildlife occurring in the state with common characteristics that establish
				  relatively similar requirements for habitat, food, and other ecological,
				  genetic, or behavioral factors.
"Unique identifier" means a permanent marking made of
				  alphanumeric characters that identifies an individual animal, which may
				  include, but is not limited to, a tattoo or microchip.
"USFWS" means the United States Fish and Wildlife
				  Service.
"Volunteer" means a person who:
Assists a special license holder in conducting activities
				  authorized under the special license,
Is under the direct supervision of the license holder at the
				  premises described on the license,
Is not designated as an agent, and
Receives no compensation.
"Wildlife disease" means any disease that poses a health risk
				  to wildlife in Arizona.
"Zoo" means any facility licensed by the Arizona Game and
				  Fish Department under R12-4-420 or, for facilities located outside of Arizona,
				  licensed or recognized by the applicable governing agency.
"Zoonotic" means a disease that can be transmitted from
				  animals to humans or, more specifically, a disease that normally exists in
				  animals but that can infect humans.