reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 5 - BOATING AND WATER SPORTS › Section R12-4-505 - Hull Identification Numbers

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department shall not register a
				watercraft without a hull identification number.
B. The Department shall verify watercraft
				manufactured after November 1, 1972 have a primary hull identification number
				that complies with the requirements established under 33 C.F.R. 181, subpart C.
				The Department shall assign a hull identification number when the watercraft
				hull identification number does not meet the requirements established under 33
				C.F.R. 181, subpart C.
C. The hull
				identification number shall be fully visible and unobstructed at all times.
				Watercraft manufactured prior to August 1, 1984, are exempt from this
				requirement provided the obstruction is original equipment and was attached by
				the manufacturer.
D. The Department
				shall assign a hull identification number to a watercraft with a missing hull
				identification number only if the Department determines:
1. The hull identification number was not
				intentionally or illegally removed or altered, unless the application is
				accompanied by an order of forfeiture, order of seizure, or other civil
				process;
2. The missing hull
				identification number was caused by error of the manufacturer or a government
				jurisdiction; or
3. The watercraft
				is a homemade watercraft as defined under
				R12-4-501.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 5 - BOATING AND WATER SPORTS › Section R12-4-506 - Invalidation of Watercraft Registration and Decals

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any watercraft registration obtained by
				fraud or misrepresentation is invalid from the date of issuance.
B. A certificate of number and any decals
				issued by the Department under
				R12-4-502
				are invalid if any one of the following occurs:
1. Any check, money order, or other currency
				certificate presented to the Department for payment of watercraft registration
				or renewal is found to be non-negotiable;
2. Any person whose name appears on the
				certificate of number loses ownership of the watercraft by legal
				process;
3. Arizona is no longer
				the state of principal operation;
4. The watercraft is documented by the U.S.
				Coast Guard;
5. An applicant
				provides incomplete or incorrect information to the Department and fails to
				provide the correct information within 30 days after a request by the
				Department;
6. The Department
				revokes the certificate of number, AZ numbers, and decals as provided under
				A.R.S. §
										5-391(I);
7. The Department or its agent erroneously
				issued a certificate of number or any decals;
8. A watercraft bearing a dealer registration
				is used for any purpose not authorized under
				R12-4-502(E);
				or
9. A watercraft registered or
				used as a livery is operated in violation of A.R.S. §
										5-371
				or R12-4-514.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 5 - BOATING AND WATER SPORTS › Section R12-4-507 - Transfer of Ownership of an Abandoned or Unreleased Watercraft

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person who has
				knowledge and custody of a watercraft abandoned on private property owned by
				that person may attempt to obtain ownership of the watercraft by way of the
				abandoned watercraft transfer process. A lienholder of foreclosed real property
				may assign an agent to act on its behalf.
B. The last registered owner of an abandoned
				or unreleased watercraft is presumed to be responsible for the watercraft,
				unless the watercraft is reported stolen.
C. The operator of a self-storage facility
				located in this state and having a possessory lien shall comply with the
				requirements prescribed under A.R.S. Title 33, Chapter 15, Article 1 when
				attempting to obtain ownership of a watercraft abandoned while in
				storage.
D. A person having a
				possessory lien under a written agreement shall comply with the requirements
				prescribed under A.R.S. Title 33, Chapter 7, Article 6 when attempting to
				obtain ownership of a watercraft for which repairs or service fees remain
				unpaid.
E. Only a person acting
				within the scope of official duties as an employee or authorized agent of a
				government agency may order the removal of a watercraft abandoned on public
				property or a public waterway.
F. A
				person seeking ownership of an abandoned or unreleased watercraft shall submit
				an application to the Department and pay the fee established under R12-4-504.
				The application is furnished by the Department and available at any Department
				office. The application shall include the following information, if available:
1. Hull identification number, unless exempt
				under R12-4-505;
2. Registration
				number;
3. Decal number;
4. State of registration;
5. Year of registration;
6. Name, address, and daytime telephone
				number of the person who found the watercraft;
7. For abandoned watercraft:
a. Address or description of the location
				where the watercraft was found,
b.
				Whether the watercraft was abandoned on private or public property,
				and
c. When applicable, for
				watercraft abandoned on private property, whether the applicant is the legal
				owner of the property;
8. Condition of the watercraft: wrecked,
				stripped, or intact;
9. State in
				which the watercraft will be operated;
10. Length of time the watercraft was
				abandoned;
11. Reason why the
				applicant believes the watercraft is abandoned; and
12. Signature of the applicant, acknowledged
				before a Notary Public or witnessed by a Department employee.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 5 - BOATING AND WATER SPORTS › Section R12-4-508 - New Watercraft Exchanges

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				A person may request a no-fee replacement registration for a new watercraft,
				provided all of the following conditions apply:
1. The person purchased the newly registered
				watercraft from a new watercraft dealer,
2. The person returned the watercraft to the
				new watercraft dealer within 30 days of purchase, and
3. The new watercraft dealer exchanged the
				returned watercraft for a watercraft of the same year, make, and model within
				the same 30 day period.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 5 - BOATING AND WATER SPORTS › Section R12-4-509 - Watercraft Dealers; Agents

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department
				may 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 45 days for new or used 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.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 5 - BOATING AND WATER SPORTS › Section R12-4-510 - Refund of Fees Paid in Error

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department
				shall issue a refund for watercraft registration fees paid and, when
				applicable, the Nonresident Boating Safety Infrastructure fee when
the registered owner
				  has erroneously paid those fees for a watercraft that has already been sold to
				  another individual
.
B. To request a refund of fees paid in error,
				the person applying for the refund shall surrender all of the following to the
				Department:
1. Original certificate of
				number;
2. Registration decals;
				and
3. Nonresident Boating Safety
				Infrastructure Decal, when applicable.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 5 - BOATING AND WATER SPORTS › Section R12-4-511 - Personal Flotation Devices

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				For the purpose of this Section, "wear" means:
1. The personal flotation device is worn
				according to the manufacturer's design or recommended use;
2. All of the device's closures are fastened,
				snapped, tied, zipped, or secured according to the manufacturer's design or
				recommended use; and
3. The device
				is adjusted for a snug fit.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 5 - BOATING AND WATER SPORTS › Section R12-4-512 - Fire Extinguishers Required for Watercraft

Current through Register Vol. 30, No. 28, July 12, 2024
A. The operator of watercraft shall ensure
				all required fire extinguishers are readily accessible and available for
				immediate use.
B. As prescribed
				under A.R.S. §
									5-332, an
				operator of a:
1. Watercraft less than 26
				feet in length shall carry one U.S. Coast Guard-approved B-I type fire
				extinguisher on board if the watercraft has one or more of the following:
a. An inboard engine,
b. Closed compartments where portable fuel
				tanks may be stored,
c. Double
				bottoms not sealed to the hull or which are not completely filled with
				flotation materials,
d. Closed
				living spaces,
e. Closed stowage
				compartments in which combustible or flammable materials are stored,
f. Permanently installed fuel tanks (fuel
				tanks that cannot be moved in case of a fire or other emergency are considered
				permanently installed), and
g. A
				fixed fire extinguishing system installed in the engine compartment.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 5 - BOATING AND WATER SPORTS › Section R12-4-513 - Watercraft Incident and Casualty Reports

Current through Register Vol. 30, No. 28, July 12, 2024
A. The operator or owner of a watercraft
				involved in any collision, incident or other casualty resulting in injury,
				death, or property damage exceeding $500 shall submit the report required under
				A.R.S. §
									5-349
				to the Department. The report shall be made on a form furnished by the
				Department or provided by the law enforcement officer investigating the
				collision, incident, or other casualty. The operator or owner of the watercraft
				shall complete the form in full and clearly identify on the form any
				information that is either not applicable or unknown. The operator or owner of
				the watercraft submitting the report shall provide all of the nformation
				required under
33 C.F.R.
				  173.57.
B. The person completing the form shall
				deliver, mail, or email the form to the Arizona Game and Fish Department, Law
				Enforcement Branch at 5000 W. Carefree Hwy, Phoenix, AZ 85086 or
				BoatAccidentReporting@azgfd.gov, as applicable.
C. The operator or owner of a watercraft
				involved in any collision, incident or other casualty resulting in injury or
				death shall submit the report to the Department no later than 48 hours after
				the incident.
D. The operator or
				owner of a watercraft involved in any collision, incident or other casualty
				resulting only in property damage exceeding $500 shall submit the report to the
				Department no later than five days after the incident.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 5 - BOATING AND WATER SPORTS › Section R12-4-514 - Liveries

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person who
				rents, leases, or offers any watercraft for compensation, with or without an
				operator, for recreational, non-commercial use shall register the watercraft as
				a livery as established under
				R12-4-502.
B. A watercraft owned by a boat livery that requires
				registration and does not have the certificate of number on board shall be
				identified while in use by means of a:
1.
				Placard or some other form of display that is affixed to the watercraft and is
				visible when the watercraft is underway. The placard or other form of display
				shall indicate the business name and current phone number of the
				livery.
2. Receipt provided by the
				livery to the person operating the rented watercraft. The receipt shall contain
				the following information:
a. Business name and address of the livery as shown on
				the certificate of number,
b. Watercraft
				registration number as issued by the Department,
c. Beginning date and
				time of the rental period, and
d. Written
				acknowledgment on the receipt of compliance with the requirements prescribed
				under A.R.S. §
											5-371,
				signed by both the livery operator or their agent and the renter.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 5 - BOATING AND WATER SPORTS › Section R12-4-515 - Display of AZ Numbers and Registration Decals

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person shall not use, operate, moor,
				anchor, or grant permission to use, operate, moor, or anchor a watercraft on
				the boundaries of this state unless such watercraft displays a valid number and
				current registration decal in the manner established under subsection (B). This
				Section does not apply to undocumented watercraft displaying a valid temporary
				numbering certificate authorized under
				R12-4-509
				or exempt under A.R.S. §
									5-322.
B. The owner of a watercraft shall display
				the AZ number and registration decals as follows:
1. The AZ numbers shall:
a. Be clearly visible and painted on or
				attached to each exterior side of the forward half of a non-removable portion
				of the watercraft;
b. Be in a color
				that contrasts with the watercraft's background color so as to be easily read
				from a distance;
c. Include the
				letters "AZ" and the suffix, separated by a hyphen or equivalent space between
				the letters "AZ" and the suffix; and
d. Read from left to right in
				well-proportioned block letters that are not less than three inches in height,
				excluding outline.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 5 - BOATING AND WATER SPORTS › Section R12-4-516 - Watercraft Sound Level Restriction

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person shall not operate a watercraft
				upon the waters of this state if the watercraft emits a noise level that
				exceeds any of the following.
1. A noise
				level of 86 dB(A), measured at a distance of 50 feet or more from the
				watercraft on the "A" weighted scale of a sound level instrument that conforms
				to recognized industry standards and is maintained according to the
				manufacturer's instructions.
2. For
				engines manufactured:
a. Before January 1,
				1993, a noise level of 90 dB(A) when subjected to the Society of Automotive
				Engineers Recommended Practice stationary sound level test SAEJ2005, revised
				July 2004 and containing no later editions or amendments; and
b. On or after January 1, 1993, a noise level
				of 88 dB(A) when subjected to the Society of Automotive Engineers Recommended
				Practice stationary sound level test SAEJ2005, revised July 2004 and containing
				no later editions or amendments; or
3. A noise level of 75 dB(A) measured as
				specified in the Society of Automotive Engineers Recommended Practice shoreline
				sound test SAEJ1970, revised September 2003 and containing no later editions or
				amendments.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 5 - BOATING AND WATER SPORTS › Section R12-4-517 - Watercraft Motor and Engine Restrictions

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person operating a motorized watercraft
				on the following waters shall only use an electric motor not exceeding 10
				manufacturer-rated horsepower:
1. Ackre
				Lake
2. Bear Canyon Lake
3. Bunch Reservoir
4. Carnero Lake
5. Chaparral Park Lake
6. Cluff Ponds
7. Coconino Reservoir
8. Coors Lake
9. Dankworth Pond
10. Dogtown Reservoir
11. Fortuna Lake
12. Goldwater Lake
13. Granite Basin Lake
14. Horsethief Basin Lake
15. Hulsey Lake
16. J.D. Dam Lake
17. Knoll Lake
18. Lee Valley Lake
19. McKellips Park Lake
20. Pratt Lake
21. Quigley Lake
22. Redondo Lake
23. Riggs Flat Lake
24. Roper Lake
25. Santa Fe Lake
26. Scott's Reservoir
27. Sierra Blanca Lake
28. Soldier Lake (in Coconino
				County)
29. Stehr Lake
30. Stoneman Lake
31. Tunnel Reservoir
32. Whitehorse Lake
33. Willow Valley Lake
34. Woodland Reservoir
35. Woods Canyon Lake
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 5 - BOATING AND WATER SPORTS › Section R12-4-518 - Regattas

Current through Register Vol. 30, No. 28, July 12, 2024
A. When a regatta
				permit is issued by the Coast Guard, the person in control of the regatta shall
				at all times be responsible for compliance with the stipulations as prescribed
				within the regatta permit. Such stipulations may include but not be limited to:
1. A specified number of patrol or committee
				boats and identified as such.
2.
				Availability of emergency medical services.
3. Spectator control if there exists a danger
				that life or property is in jeopardy.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 5 - BOATING AND WATER SPORTS › Section R12-4-519 - Reciprocity

Current through Register Vol. 30, No. 28, July 12, 2024
As authorized under A.R.S. §
									5-322(E),
				  all watercraft currently numbered or exempt from numbering under the provisions
				  of their state of principal operation are exempt from numbering for a period of
				  90 days after entering this state.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 5 - BOATING AND WATER SPORTS › Section R12-4-520 - Arizona Aids to Navigation System

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Arizona aids the same as that prescribed under 33 C.F.R. 62, revised July
				1, 2014, which is incorporated by reference in this Section. 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, Superintendent of
				Documents, PO. Box 979050, St. Louis, MO 63197-9000. This Section does not
				include any later amendments or editions of the incorporated
				material.
B. A person shall not
				mark the waterways or their shorelines in this state with mooring buoys,
				regulatory markers, aids to navigation, lights, or other types of permitted
				waterway marking devices, without authorization from the governmental agency or
				the private interest having jurisdiction on such waters.
C. A person shall not moor or fasten a
				watercraft to any marker not intended for mooring, or willfully damage, tamper
				with, remove, obstruct, or interfere with any aid to navigation, regulatory
				marker or other type of permitted waterway marking devices, except in the
				performance of authorized maintenance responsibilities or as authorized under
				R12-4-518 or this Section.
D. If a
				government agency or private interest has not exercised its authority to
				control watercraft within its jurisdiction under A.R.S. § 5- 361, or if
				waters are directly under the jurisdiction of the Commission, the Department
				has the authority to control watercraft within that jurisdiction in accordance
				with the following guidelines:
1. The
				Department may place controlled-use markers only where controlled operation of
				watercraft is necessary to protect life, property, or habitat, and shall move
				or remove the markers only if the need for the protection changes.
2. The restrictions imposed are clearly
				communicated to the public by wording on the markers, such as those defined
				under
				R12-4-501.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 5 - BOATING AND WATER SPORTS › Section R12-4-523 - Controlled Operation of Watercraft

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person shall not operate any watercraft,
				or use any watercraft to tow a person on water skis, a surfboard, inflatable
				device, or similar object, device or equipment in a manner contrary to the area
				restrictions imposed by lawfully placed controlled-use markers, except for:
1. Law enforcement officers acting within the
				scope of their lawful duties;
2.
				Persons involved in rescue operations;
3. Persons engaged in government-authorized
				activities; and
4. Persons
				participating in a regatta, during the time limits of the event only.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 5 - BOATING AND WATER SPORTS › Section R12-4-524 - Towed Water Sports

Current through Register Vol. 30, No. 28, July 12, 2024
A. An operator
				of a watercraft shall ensure an observer is on duty at all times when a person
				is being towed behind the watercraft or is surfing a wake created by the
				watercraft. The observer shall:
1. Be twelve
				years of age or older;
2. Be
				physically capable and mentally competent to act as an observer; and
3. Continually observe the person or persons
				being towed behind the watercraft or surfing a wake created by the
				watercraft.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 5 - BOATING AND WATER SPORTS › Section R12-4-525 - Revocation of Watercraft Certificate of Number, Az Numbers, and Decals

Current through Register Vol. 30, No. 28, July 12, 2024
A. For the purposes
				of this Section, "person" has same meaning as prescribed under A.R.S. §
									5-301.
B. Upon notice of conviction of a person
				under A.R.S. §
									5-391(G),
				the Department shall revoke for a period not to exceed two years the
				certificates of number, AZ numbers, registration decals, and Nonresident
				Boating Safety Infrastructure decals of any Arizona registered watercraft owned
				by that person and involved in the violation.
C. Upon notice of conviction of a person
				under A.R.S. §
									5-391(H),
				the Department shall revoke for a period not to exceed one year the
				certificates of number, AZ numbers, registration decals, and Nonresident
				Boating Safety Infrastructure decals for any Arizona registered watercraft
				owned by that person and involved in the violation.
D. Upon receiving notice of conviction, the
				Department shall serve notice under A.R.S. §§
									41-1092.03
				and
				41-1092.04
				on the person convicted that the certificates of number, AZ numbers,
				registration decals, and Nonresident Boating Safety Infrastructure decals of
				watercraft the person owns are subject to revocation.
E. A person whose certificates of number, AZ
				numbers, registration decals, and Nonresident Boating Safety Infrastructure
				decals are subject to revocation may request a hearing. The person shall submit
				a written request to the Arizona Game and Fish Department, Director's Office,
				5000 W. Carefree Hwy, Phoenix, AZ 85086, within 30 calendar days of receiving
				the notice described under subsection (D).
F. If the person requests a hearing, the
				Department shall, within 60 days of receiving the request, schedule a hearing
				as prescribed under A.R.S. §
									41-1092.05.
G. After a final decision to revoke the
				person's certificates of number, AZ numbers, registration decals, and
				Nonresident Boating Safety Infrastructure decals, the Department shall serve
				upon the person an Order of Revocation. Within 15 calendar days of receipt of
				the notice, the person shall surrender to the Department the revoked
				certificates of number and decals.
H. The revocation of the certificates of
				number, AZ numbers, registration decals, and Nonresident Boating Safety
				Infrastructure decals does not affect the legal title to or any property rights
				in the watercraft. Upon receipt of an application to transfer watercraft
				registration by the new watercraft owner, the Department shall terminate the
				revocation and allow the owner to transfer the owner's entire interest in the
				watercraft if the Department is satisfied the transfer is proposed in good
				faith and not for the purpose of defeating the revocation.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 5 - BOATING AND WATER SPORTS › Section R12-4-526 - Unlawful Mooring

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				person, as defined under A.R.S. §
									5-301, shall not
				moor, anchor, fasten to the shore, or otherwise secure a watercraft in any
				public body of water for more than 14 days within any period of 28 consecutive
				days unless:
1. The
				waters are a special anchorage area as defined under A.R.S. §
										5-301,
2.
				Authorized for private dock or moorage, or
3. Authorized by the
				government agency or private interest having jurisdiction over the
				waters.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 5 - BOATING AND WATER SPORTS › Section R12-4-527 - Transfer of Ownership of a Towed Watercraft

Current through Register Vol. 30, No. 28, July 12, 2024
A. For the purpose of this Section, "towed
				watercraft" means a watercraft that has been impounded by or is in the
				possession of a towing company located in this state.
B. Within 15 days of impounding a watercraft,
				a towing company shall submit a request to the Department for watercraft
				registration information as prescribed under A.R.S. §
									5-324
				and in compliance with A.R.S. §
									5-399. The
				towing company shall present the towed watercraft to the closest Department
				office for identification if there is no discernible hull identification number
				or state-issued registration number.
C. Within 15 days of receiving the watercraft
				registration information from the Department, the towing company shall provide
				written notification by certified mail return receipt requested to the owner
				and lienholder, if known, of the watercraft's location.
D. If a watercraft remains unclaimed 15 days after the
				date of mailing the written notification to the owner and lienholder as
				required under subsection (C) of this Section, the towing company shall submit
				all of the following to the Department:
1.
				Evidence of compliance with notification requirements prescribed under A.R.S.
				§
										5-399 and
				subsection (C);
2. A report on a
				form furnished by the Department and available at any Department office. The
				form shall include all of the following information:
a. Name of towing company;
b. Towing company's business
				address;
c. Towing company's
				business telephone number;
d.
				Towing company's Arizona Department of Public Safety tow truck permit
				number;
e. Towed watercraft's hull
				identification number, if known;
f.
				Towed watercraft's state-issued registration number, registration decal, and
				year of expiration, if known;
g.
				Towed watercraft's trailer license number, if available;
h. State and year of trailer registration, if
				available;
i. Towed watercraft's
				color and manufacturer, if known;
j. Towed watercraft's condition, whether
				intact, stripped, damaged, or burned, along with a description of any
				damage;
k. Date the watercraft was
				towed;
l. Location from which the
				towed watercraft was removed;
m.
				Entity that ordered the removal of the towed watercraft, and if a law
				enforcement agency, include officer badge number, jurisdiction, and copy of
				report or towing invoice;
n.
				Location where the towed watercraft is stored; and
o. Name and signature of towing company's
				authorized representative; and
3. Twenty-five dollar application fee
				authorized under A.R.S. §
										5-399.03(2)
				 and established under R12-4-504.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 5 - BOATING AND WATER SPORTS › Section R12-4-528 - Watercraft Checkpoints

Current through Register Vol. 30, No. 28, July 12, 2024
A. A law
				enforcement agency may establish a watercraft checkpoint to ensure public
				safety on state waterways, to screen for unsafe or impaired watercraft
				operators, or to gather demographic, statistical, and compliance information
				related to watercraft activities.
B. An individual may be required to perform
				the following during a watercraft stop or at a watercraft checkpoint:
1. Stop or halt as directed when being hailed
				by a peace officer or entering the established checkpoint boundary as
				prescribed under A.R.S. §
										5-391,
				and
2. Provide evidence of required
				safety equipment and registration documentation prescribed under A.R.S. Title
				5, Chapter 3, Boating and Water Sports.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 5 - BOATING AND WATER SPORTS › Section R12-4-529 - Nonresident Boating Safety Infrastructure Fees; Proof of Payment

Current through Register Vol. 30, No. 28, July 12, 2024
A. Before placing
				that watercraft on the waterways of this State, a nonresident owner of a
				recreational watercraft who establishes this State as the state of principal
				operation shall pay the applicable Nonresident Boating Safety Infrastructure
				Fee (NBSIF) as authorized under A.R.S. §§
									5-326
				and
				5-327:
1. Twelve feet and less: $80
2. Twelve feet one inch through sixteen feet:
				$88
3. Sixteen feet one inch
				through twenty feet: $192
4. Twenty
				feet one inch through twenty-six feet: $224
5. Twenty-six feet one inch through
				thirty-nine feet: $253
6.
				Thirty-nine feet one inch through sixty-four feet: $286
7. Sixty-four feet one inch and over:
				$429
8. For the purposes of this
				subsection, the length of the motorized watercraft shall be measured in the
				same manner prescribed under A.R.S. §
										5-321(C).
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 5 - BOATING AND WATER SPORTS › Section R12-4-530 - Authorized Third-party Providers; Agents

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department may enter into a contract
				with a private entity to perform limited or specific services on behalf of the
				Department in accordance with State procurement laws and rules.
1. The Department may authorize a person to
				be a third-party provider. An authorized third-party provider shall meet the
				requirements established by the Department and shall be selected through a
				competitive bid process.
2. The
				Department may authorize a third-party provider to perform any one or more of
				the following services:
a. Watercraft
				transfer.
b. Watercraft
				registration renewal.
c. Duplicate
				watercraft registration and decal.
d. New watercraft registration.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 6 - RULES OF PRACTICE BEFORE THE COMMISSION › Section R12-4-601 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
The following definitions apply to this Article unless
				  otherwise specified:
"Appealable agency action" has the same meaning as provided
				  under A.R.S. §
									41-1092.
"Business day" means any day other than a furlough day,
				  Saturday, Sunday, or holiday.
"Commission Chair" means the person who presides over the
				  Arizona Game and Fish Commission.
"Contested case" has the same meaning as provided under
				  A.R.S. §
									41-1001.
"Ex parte communication" means any oral or written
				  communication with a Commissioner by a party concerning a substantive issue in
				  a contested proceeding that is not part of the public record.
"Party" has the same meaning as provided under A.R.S. §
									41-1001.
"Respondent" means the person named as the respondent in a
				  notice of hearing issued by the Department.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 6 - RULES OF PRACTICE BEFORE THE COMMISSION › Section R12-4-602 - Petition for Rule or Review of Practice or Policy

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person may petition the Commission under
				A.R.S. §
									41-1033
				for a:
1. Rulemaking action relating to a
				Commission rule, including making a new rule or amending or repealing an
				existing rule; or
2. Review of an
				existing Department practice or substantive policy statement alleged to
				constitute a rule.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 6 - RULES OF PRACTICE BEFORE THE COMMISSION › Section R12-4-603 - Written Comments on Proposed Rules

Current through Register Vol. 30, No. 28, July 12, 2024
A. Under A.R.S. §
									41-1023,
				a person may submit written statements, arguments, data, and views on a
				proposed rulemaking published by the Secretary of State in the
Arizona
				Administrative Register
.
B. A person submitting a written comment to
				the Commission for consideration in a final decision on the rulemaking may
				voluntarily provide their name and mailing address. The Commission may only
				consider written comments that:
1. Are
				received on or before the close of record date, as published by the Secretary
				of State in the
Arizona Administrative Register;
and
2. Are submitted to the
				agency contact identified in the Department's notice of proposed rulemaking as
				published by the Secretary of State in the
Arizona Administrative
				Register
.
3. In addition,
				a person submitting a comment submitted on behalf of a group or organization
				shall include a statement that the comment represents the official position of
				the group or organization. A comment submitted on behalf of a group or
				organization that does not contain this statement shall be considered the
				comment of the person submitting the comment, and not that of the group or
				organization.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 6 - RULES OF PRACTICE BEFORE THE COMMISSION › Section R12-4-604 - Oral Proceedings Before the Commission

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Commission may allow an oral proceeding on any
				matter on the Commission's agenda. At an oral proceeding, the Commission Chair:
1. Is responsible
				for conducting the proceeding.
2.
				May administer an oath to a witness before receiving testimony.
3. May order the removal of any person who is
				disrupting a proceeding.
4. May
				limit the number of presentations or the time for testimony regarding a
				particular issue.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 6 - RULES OF PRACTICE BEFORE THE COMMISSION › Section R12-4-605 - Ex Parte Communication

Current through Register Vol. 30, No. 28, July 12, 2024
A. A party shall not communicate, either directly or
				indirectly, with a Commissioner about any substantive issue in a pending
				contested case or appealable agency action, unless:
1. All parties are present;
2. The communication occurs during the
				scheduled proceeding, where an absent party failed to appear after proper
				notice; or
3. It is by written
				motion with a copy provided to all parties.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 6 - RULES OF PRACTICE BEFORE THE COMMISSION › Section R12-4-606 - Standards for Revocation, Suspension, or Denial of a License

Current through Register Vol. 30, No. 28, July 12, 2024
A. Under A.R.S.
				§
									17-340,
				when the Department makes a recommendation to the Commission for license
				revocation, the Commission shall hold a hearing and may revoke, suspend, or
				deny any hunting, fishing, or trapping license for a person convicted of any of
				the following offenses:
1. Killing or wounding
				a big game animal during a closed season.
2. Possessing a big game animal taken during
				a closed season.
3. Destroying, injuring, or molesting livestock while
				hunting, fishing, or trapping.
4.
				Damaging or destroying personal property, growing crops, notices or signboards,
				or other improvements while hunting, fishing, or trapping.
5. Bartering, selling, or offering to sell
				unlawfully taken wildlife or wildlife parts.
6. Careless use of a
				firearm while hunting, fishing, or trapping that results in the injury or death
				of any person.
7. Applying for or
				obtaining a license or permit by fraud or misrepresentation in violation of
				A.R.S. §
										17-341.
8. Knowingly allowing another person to use
				the person's big game tag, except as provided under A.R.S. §
										17-332(D).
9.
				Entering upon a game refuge or other area closed to hunting, 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.
10.
				Unlawfully posting state or federal lands in violation of A.R.S. §
										17-304(B).
11. Unlawfully using aircraft to take, assist
				in taking, harass, chase, drive, locate, or assist in locating wildlife in
				violation of A.R.S. §
										17-340(A)(8).
12. Unlawfully taking
				or possessing big game
.
13. Unlawfully taking
				or possessing small game or fish
.
14.
				Unlawfully taking or possessing wildlife species.
15. Unlawful take of any bird or the removal
				of its nest or eggs.
16. Littering a public hunting or fishing area while
				taking wildlife.
17. Waste of edible portions of a game
				species under A.R.S. §
										17-309,
				in violation of A.R.S. §
										17-309(A)(5).
18.
				Any violation for which a license can be revoked under A.R.S. §
										17-340
19. Any violation of A.R.S. §
										17-306.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 6 - RULES OF PRACTICE BEFORE THE COMMISSION › Section R12-4-608 - Rehearing or Review of Commission Decisions

Current through Register Vol. 30, No. 28, July 12, 2024
A. A party shall exhaust the party's
				administrative remedies by filing a motion for rehearing or review as provided
				in this Section. Failure to file a motion for rehearing or review within 30
				days of service of the Commission's decision has the effect of prohibiting the
				party from seeking judicial review of the Commission's decision.
B. A party in a contested case or appealable
				agency action before the Commission may file a motion for rehearing or review
				of a Commission decision, specifying the grounds upon which the motion is
				based. The motion for rehearing or review shall be filed within 30 calendar
				days after service of the Commission's decision. For purposes of this
				subsection a decision is served when personally delivered or mailed by
				certified mail to the party's last known residence or place of business.
C. A party may amend a motion for
				rehearing or review at any time before the Commission rules upon the motion. A
				written response to a motion for rehearing or review may be filed and served
				within 15 days after service of the motion for rehearing or review. The
				Commission may require that the parties file supplemental memoranda on any
				issue raised in a motion or response, and allow for oral argument.
D. The Commission has the authority to grant
				rehearing or review for any of the following causes materially affecting the
				moving party's rights:
1. Irregularity in the
				proceedings of the Commission, or any order or abuse of discretion that
				deprived the moving party of a fair hearing;
2. Misconduct of the Commission, its staff,
				an administrative law judge, or the prevailing party;
3. Accident or surprise that could not have
				been prevented by ordinary prudence;
4. Newly discovered material evidence that
				could not, with reasonable diligence, have been discovered and produced at the
				original hearing;
5. Excessive or
				insufficient penalties;
6. Error in
				the admission or rejection of evidence or other errors of law occurring at the
				hearing or during the proceeding; or
7. That the findings of fact or decision is
				not justified by the evidence or is contrary to law.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 6 - RULES OF PRACTICE BEFORE THE COMMISSION › Section R12-4-609 - Commission Orders

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except as
				provided under subsection (B):
1. At least 14
				calendar days before a meeting where the Commission will consider a Commission
				Order, the Department shall:
a. Post a public
				meeting notice and agenda in accordance with A.R.S. §
											38-431.02;
				and
b. Issue a public notice of the
				recommended Commission Order in print and electronic media.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 6 - RULES OF PRACTICE BEFORE THE COMMISSION › Section R12-4-610 - Petitions for the Closure of State or Federal Lands to Hunting, Fishing, Trapping, or Operation of Motor Vehicles

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person requesting that the Commission
				consider closing state or federal land to hunting, fishing, or trapping as
				provided under A.R.S. § 17-304(B) or
				R12-4-110,
				or closing roads or trails on state lands as provided under
				R12-4-110,
				shall submit a petition as prescribed in this Section before the Commission
				will consider the request.
B. A
				petitioner shall not address more than one contiguous closure request in a
				petition.
C. A petitioner
				submitting a petition that addresses the same contiguous closure request
				previously considered and denied by the Commission shall provide an additional
				written statement that includes rationale not previously considered by the
				Commission.
D. A petitioner shall
				submit the petition form to the Arizona Game and Fish Department, Director's
				Office, 5000 W. Carefree Highway, Phoenix, AZ 85086. The petition form is
				furnished by the Department and is available at any Department office and on
				the Department's website. The petition form shall contain all of the following
				information:
1. Petitioner identification:
a. When the petitioner is the leaseholder of
				the area proposed for closure:
i. Name of
				person;
ii. Lease number;
iii. Physical and mailing address, if
				different from the physical address;
iv. Contact telephone number; and
v. Email, when available;
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 6 - RULES OF PRACTICE BEFORE THE COMMISSION › Section R12-4-611 - Petition for a Hearing Before the Commission When No Remedy is Provided in Statute, Rule, or Policy

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person may
				request a hearing before the Commission when an administrative remedy does not
				exist under statute, rule, or policy by submitting a petition as prescribed by
				this Section.
B. A petitioner shall submit the petition form to the
				Arizona Game and Fish Department, Director's Office, 5000 W. Carefree Highway,
				Phoenix, AZ 85086. The petition form is furnished by the Department and is
				available at any Department office and on the Department's website. The
				petition form shall contain all of the following information:
1. Petitioner identification:
a. When the petitioner is a private person:
i. Name of person;
ii. Physical and mailing address, if
				different from the physical address;
iii. Contact telephone number; and
iv. Email, when available;
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 7 - HERITAGE GRANTS › Section R12-4-701 - Heritage Grant Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions provided under A.R.S.
				  §§
									17-101 and
				  17-296,
				  the following definitions apply to this Article: "Administrative subunit" means
				  a branch, chapter, department, division, section, school, or other similar
				  divisional entity of an eligible applicant. For example, an individual:
Administrative
				  department, but not an entire city government;
Field office or
				  project office, but not an entire agency; or
School, but not an
				  entire school district.
"Eligible applicant" means any public agency,
				  non-governmental organization, or nonprofit organization that meets the
				  applicable requirements of this Article.
"Facilities" means any structure or site improvements.
"Fund" means the Arizona Game and Fish Commission Heritage
				  Fund, established under A.R.S. § 17-297.
"Grant agreement" means a document that details the terms and
				  conditions of a grant project.
"Grant effective date" means the date the Department Director
				  signs the Grant Agreement.
"In-kind" means contributions other than cash, which include
				  individual and material resources that the applicant makes available to the
				  project, e.g. a public employee's salary, volunteer time, materials, supplies,
				  space, or other donated goods and services.
"Participant" means an eligible applicant who has been
				  awarded a grant from the Heritage Fund.
"Project" means an activity, or series of related activities,
				  or services described in the specific project scope of work and results in
				  specific end products.
"Project period" means the time during which a participant
				  shall complete all approved work and related expenditures associated with an
				  approved project.
"Public agency" means the federal government or any federal
				  department or agency, an Indian tribe, this state, all state departments,
				  agencies, boards, and commissions, counties, school districts, public charter
				  schools, cities, towns, all municipal corporations, administrative subunits,
				  and any other political subdivision.
"Publicly held lands" means federal, public, and reserved
				  land, State Trust Land, and other lands within Arizona that are owned,
				  controlled, or managed by the federal government, a state agency, or political
				  subdivision.
"Term of public use" means the time period during which the
				  project or facility is expected to be maintained for public
				  use.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 7 - HERITAGE GRANTS › Section R12-4-702 - General Provisions; Heritage Grant Fund Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department, in its sole discretion,
				may make Heritage Fund Grants available for projects that:
1. Are located in Arizona or benefit Arizona
				wildlife or its habitat; and
2.
				Meet the criteria established in the Heritage Grant application
				materials.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 8 - WILDLIFE AREAS AND DEPARTMENT PROPERTY › Section R12-4-801 - General Provisions

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Wildlife Areas:
1. Wildlife areas shall be
				established to:
a. Provide protective
				measures for wildlife, habitat, or both;
b. Allow for hunting, fishing, and other
				recreational activities that are compatible with wildlife habitat conservation
				and education;
c. Allow for special
				management or research practices; and
d. Enhance wildlife and habitat
				conservation.