reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 6 - AGGREGATE MINING UNIT RECLAMATION STANDARDS › Section R11-3-603 - Roads

Current through Register Vol. 30, No. 28, July 12, 2024
A. The responsible
				party shall ensure reclamation of a road not included in an approved
				reclamation plan as part of an approved post-aggregate mining land use begins
				once the road is no longer needed for operations, reclamation, or
				monitoring.
B. The responsible
				party shall ensure the following steps are taken to achieve the post-aggregate
				mining land use specified in the approved reclamation plan:
1. Control vehicular traffic on the
				reclamation area;
2. Restore
				surface drainage patterns to pre-mining conditions or establish new surface
				drainage patterns;
3. Remove or
				stabilize bridges and culverts. If a bridge or culvert remains, protect it from
				erosion with rock, concrete, and riprap; and
4. Rip, plow, scarify, and revegetate
				roadbeds as necessary.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 7 - REVEGETATION AND SOIL STANDARDS › Section R11-3-701 - Revegetation Provisions

Current through Register Vol. 30, No. 28, July 12, 2024
A. If
				revegetation is part of a proposed reclamation plan, the responsible party
				shall ensure the plan is consistent with A.R.S. §
									27-1271(B)(9)(c)
				 regarding:
1. Season of revegetation;
2. Species and amounts per acre of seeds or
				flora;
3. Planting methods;
				and
4. Measures to address
				revegetation, conservation, and care and monitoring of revegetated
				areas.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 7 - REVEGETATION AND SOIL STANDARDS › Section R11-3-702 - Revegetation Standards

Current through Register Vol. 30, No. 28, July 12, 2024
A. If
				surface disturbances at an aggregate mining location to be revegetated have
				caused the soil to compact, the responsible party shall ensure ripping,
				disking, or other means are used to reduce the compaction and establish a
				suitable root zone before planting.
B. The responsible party shall ensure
				revegetation is conducted using plant species that will support the approved
				post-aggregate mining land use.
C.
				Revegetation that differs in species, density, or diversity from pre-aggregate
				mining conditions or conditions on adjacent lands may be used only if:
1. Post-aggregate mining land use differs
				from pre-aggregate mining land use or the use on adjacent lands; and
2. Soil conditions, topography, or other
				site-specific characteristics of the surface disturbance make revegetating the
				land to pre-aggregate mining conditions or conditions on adjacent lands
				technically or economically impracticable.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 7 - REVEGETATION AND SOIL STANDARDS › Section R11-3-703 - Conservation of Soil

Current through Register Vol. 30, No. 28, July 12, 2024
If soil conservation is required under A.R.S. §
									27-1274
				  at a surface disturbance, the responsible party shall:
1. Mark any stockpile of conserved soil with
				a legible sign that identifies the stockpile as "SOIL," and
2. Stabilize a stockpile of conserved soil as
				necessary to prevent excessive loss from erosion.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 7 - REVEGETATION AND SOIL STANDARDS › Section R11-3-704 - Redistribution of Soil

Current through Register Vol. 30, No. 28, July 12, 2024
Before redistributing a stockpile of soil conserved under
				  R11-3-703, the responsible party shall:
1. Treat the area of disturbance as necessary
				to reduce potential for slippage of the redistributed soil or to enhance root
				penetration, and
2. Take steps to
				redistribute the soil in a manner that:
a.
				Prevents excess compaction, and
b.
				Achieves a thickness consistent with the approved post-aggregate mining land
				use.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 7 - REVEGETATION AND SOIL STANDARDS › Section R11-3-705 - Off-site Soil

Current through Register Vol. 30, No. 28, July 12, 2024
A. In
				accordance with an approved post-aggregate mining reclamation plan, the
				responsible party shall ensure:
1. Final
				capping growth media, including growth media brought from off-site:
a. Supports vegetation that is not listed in
				R3-4-245,
b. Provides a stable
				growing surface, and
c. Does not
				create a hazard to public safety; and
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-3-801 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
A. Unless otherwise
				defined in the Act or this Chapter, the terms used in this Article have the
				meaning understood under generally accepted accounting principles and
				practices.
B. In this Article:
1. "ICPA" means Independent Certified Public
				Account.
2. "Parent corporation"
				means a corporation that directly owns at least 50 percent of the voting stock
				in another corporation. The other corporation is called a subsidiary of the
				parent corporation.
3. "Substantial
				business relationship" means the extent of a business relationship necessary
				under applicable state law to make a guarantee contract, issued incident to
				that relationship, valid and enforceable. A substantial business relationship
				arises from a pattern of recent or ongoing business transactions so a currently
				existing business relationship between a guarantor and the owner or operator is
				shown to the satisfaction of the Inspector.
4. "Tangible net worth" means a responsible
				party's total assets minus the value of all liabilities and intangible
				assets.
5. "Intangible assets"
				means non-physical resources and rights, such as goodwill, patents,
				intellectual property, and copyrights, which have value to the responsible
				party because they provide a marketing advantage.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-3-802 - Amount of Financial Assurance

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Under the terms of A.R.S. § 27-1271(B)(11) and R11-3-502, the Inspector
				shall determine the amount of financial assurance required of a responsible
				party.
B. Any financial assurance
				information offered by a responsible party shall meet the requirements of the
				Act and this Chapter.
C. The
				Inspector shall review financial assurance information offered by a responsible
				party to determine whether the amount of financial assurance is sufficient to
				meet the standard at A.R.S. §
									27-1292(C).
				The Inspector may rely on standards commonly used by a commercial lender to
				evaluate the offered financial assurance.
D. Within 30 days after receiving a
				responsible party's offered financial assurance information, the Inspector
				shall provide the responsible party with written notice the financial assurance
				is approved, disapproved, or additional information is needed. If additional
				information is needed, the Inspector may require the responsible party to
				provide the Inspector with a written legal opinion from an attorney admitted to
				practice law in Arizona that the offered financial assurance is lawful,
				enforceable under existing law, and can be drawn on in case of default. A
				responsible party required to provide a written legal opinion shall do so at
				the responsible party's expense.
E.
				If an approved financial assurance mechanism is canceled by the issuing
				institution, the responsible party shall provide the Inspector, within 90 days
				after the notice of cancellation, with evidence an alternate financial
				assurance mechanism has been obtained.
F. A responsible party may cancel a financial
				assurance mechanism and replace it with an alternate financial assurance
				mechanism approved by the Inspector.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-3-803 - Blanket Financial Assurance

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				A responsible party may offer a single financial assurance mechanism to cover
				the reclamation costs of two or more aggregate exploration operations or mining
				units or facilities rather than a separate financial assurance mechanism for
				each aggregate exploration operation or mining unit or facility.
B. If a single financial assurance mechanism
				is offered under subsection (A), the responsible party shall ensure the total
				amount of financial assurance offered equals the total cost to reclaim all
				aggregate exploration operations or mining units or facilities covered by the
				single financial assurance mechanism.
C. To cover an additional aggregate
				exploration operation or mining unit or facility under a single financial
				assurance mechanism offered under subsection (A), the responsible party shall
				provide an updated financial assurance mechanism that meets the standard in
				subsection (B).
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-3-804 - Surety Bond

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				responsible party may offer a surety bond as financial assurance required under
				the Act and this Chapter. The responsible party shall ensure a surety bond
				offered as financial assurance:
1. Is an
				indemnity agreement in a sum certain,
2. Is payable to the State of
				Arizona,
3. Is executed by the
				responsible party as principal,
4.
				Is on a form provided by or acceptable to the Inspector,
5. Remains in effect until released by the
				Inspector or canceled by the surety,
6. Is issued by an insurer authorized to
				transact surety business in Arizona under A.R.S. Title 20,
7. Has a power of attorney attached,
				and
8. Is signed by the principal
				and the surety's attorney-in-fact.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-3-805 - Certificate of Deposit

Current through Register Vol. 30, No. 28, July 12, 2024
A responsible party may offer a certificate of deposit as
				  financial assurance required under the Act and this Chapter. The responsible
				  party shall ensure a certificate of deposit offered as financial
				  assurance:
1. Is payable or assigned
				to the State Treasurer;
2. Complies
				with A.R.S. §
									35-155
				and any rules made under it;
3. Is
				on a form provided by or acceptable to the Inspector;
4. Assigns and transfers all rights, title,
				and interest in the certificate of deposit to the State Treasurer except
				accruing interest remains the property of the responsible party;
5. Provides the State Treasurer the right to
				redeem, collect, and withdraw the full amount of the certificate of deposit at
				any time without notice to the responsible party; and
6. Provides the assignment remains in effect
				until the Inspector authorizes its release in writing.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-3-806 - Trust

Current through Register Vol. 30, No. 28, July 12, 2024
A. A responsible
				party may satisfy the financial assurance requirements in the Act and this
				Chapter by establishing an irrevocable trust with the State of Arizona as the
				primary beneficiary.
B. The
				responsible party shall ensure the trust fund established under subsection (A)
				has a pay-in period that meets the requirements of the Act and this
				Chapter.
C. The responsible party
				shall:
1. Submit a duplicate of the trust
				agreement, with an original signature, to the Inspector to be placed in the
				operating record of the aggregate exploration operation or mining unit or
				facility;
2. Initially fund the
				trust in an amount equal to or greater than the estimated cost in the approved
				reclamation plan to reclaim surface disturbances existing when the trust is
				established and all other surface disturbances to occur during the first year
				of the trust;
3. Make payments to
				the trust at least annually no later than 30 days after the anniversary date of
				the initial funding made under subsection (C)(2); and
4. Ensure annual payments made to the trust
				under subsection (C)(3) are in an amount equal to or greater than the amount
				required to pay all costs to reclaim surface disturbances made during the
				annual period.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-3-807 - Letter of Credit

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				responsible party may satisfy the financial assurance requirements in the Act
				and this Chapter by obtaining a confirmed, irrevocable stand-by letter of
				credit naming with State of Arizona as the primary beneficiary.
B. The responsible party shall ensure the
				letter of credit is issued by a financial institution that:
1. Has authority to issue letters of
				credit,
2. Is federally insured,
				and
3. Has letter-of-credit
				operations regulated by the federal government and examined by an Arizona state
				agency.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-3-808 - Insurance Policy

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				responsible party may satisfy the financial assurance requirements in the Act
				and this Chapter by obtaining an insurance policy that meets the requirements
				of this Section.
B. The responsible
				party shall ensure the insurance policy is provided by an insurance company
				that:
1. Is non-captive;
2. Is licensed in Arizona or holds an
				approved non-admitted status on the Arizona Department of Insurance List of
				Qualified Unauthorized Insurers; and
3. Has an "A.M. Best" rating of not less than
				A-VII.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-3-809 - Certificate of Self-insurance

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				responsible party may satisfy the financial assurance requirements in the Act
				and this Chapter by successfully completing the financial test specified in
				this Section. Successful completion involves:
1. Submitting the information required under
				subsection (B), and
2.
				Demonstrating to the Inspector's satisfaction the responsible party meets the
				requirements under subsection (C).
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-3-810 - Cash Deposit

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				responsible party may satisfy the financial assurance requirements in the Act
				and this Chapter by depositing with the State Treasurer an amount equal to the
				estimated costs in the approved reclamation plan. The responsible party shall
				obtain from the State Treasurer a receipt of deposit showing funds are
				available for reclamation costs at a specified aggregate exploration operation
				or mining unit or facility.
B. The
				responsible party may cancel the deposit with the State Treasurer, with
				notification to the Inspector, if alternate financial assurance that meets the
				requirements of the Act and this Chapter is substituted.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-3-811 - Annuity

Current through Register Vol. 30, No. 28, July 12, 2024
A. A responsible
				party may satisfy the financial assurance requirements in the Act and this
				Chapter by obtaining an annuity that:
1. Meets
				the requirements of this Section, and
2. Names the State of Arizona as
				beneficiary.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-3-812 - Bonding Pool

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				responsible party may satisfy the financial assurance requirements in the Act
				and this Chapter by providing the Inspector with a certificate of participation
				in a reclamation bond pool.
B. The
				responsible party shall ensure the certificate of participation:
1. Is an indemnity agreement in a sum certain
				payable to the State of Arizona;
2.
				Is executed by a surety bond pool organization of which the responsible party
				is a member; and
3. Is supported by
				the performance guarantee of a corporation licensed to do business as a surety
				in Arizona.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-3-813 - Limited Individual Financial Assurance

Current through Register Vol. 30, No. 28, July 12, 2024
If two or more persons are the owners or operators of a
				  single aggregate exploration operation or mining unit or facility, each owner
				  or operator may limit the amount of the owner's or operator's financial
				  assurance if the total financial assurance of all owners and operators
				  satisfies the requirements of the Act and this Chapter.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-3-814 - Final Action on Financial Assurance Mechanisms

Current through Register Vol. 30, No. 28, July 12, 2024
As required under A.R.S. §
									27-1292,
				  the Inspector shall take final action on a financial assurance mechanism
				  submitted by a responsible party within 30 days after the financial assurance
				  mechanism is received.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-3-815 - Incremental Financial Assurance

Current through Register Vol. 30, No. 28, July 12, 2024
A responsible party that provides financial assurance on an
				  incremental basis, as permitted under A.R.S. §
									27-1295,
				  shall ensure the amount of financial assurance provided during each increment
				  is equal to or exceeds the estimated cost to reclaim surface disturbances
				  created during the increment.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-3-816 - Application for Release of Financial Assurance

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except as provided in subsection (E), the
				Inspector shall not release any financial assurance until the responsible party
				satisfies all conditions and requirements of the Act and this
				Chapter.
B. To obtain release of
				some or all financial assurance, the responsible party shall submit a written
				request to the Inspector.
C. Within
				60 days after receiving the request for release of financial assurance
				submitted under subsection (B), the Inspector or a designated agent shall
				inspect the aggregate exploration operation or mining unit or facility to
				determine whether the responsible party has satisfied all conditions and
				requirements of the Act and this Chapter and either:
1. Approve release of some or all financial
				assurance; or
2. Provide written
				notice to the responsible party that release of some or all financial assurance
				is denied, reasons for the denial, and measures necessary to satisfy all
				conditions and requirements of the Act and this Chapter.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-3-817 - Forfeiture Criteria; Forfeiture of Financial Assurance

Current through Register Vol. 30, No. 28, July 12, 2024
A. A financial assurance mechanism filed with
				the Inspector or a state agency is subject to forfeiture if any of the
				following exist:
1. An exploration operation
				or mining unit has been completed, abandoned, or temporarily closed for a
				period greater than allowed by the Act or this Chapter without initiating
				reclamation;
2. An exploration
				operation or mining unit has been completed, abandoned, or temporarily closed
				for a period greater than allowed by the Act or this Chapter and the
				responsible party stops or suspends any ongoing reclamation, as determined by
				the Inspector;
3. The responsible
				party stops conducting business in Arizona and does not transfer the approved
				reclamation plan and financial assurance to a new operator under A.R.S. §
										27-1228;
4. The responsible party stops conducting
				business due to insolvency, bankruptcy, receivership, or engages in misconduct
				as described under A.R.S. §
										27-1205;
5. The responsible party fails to comply with
				the conditions of the financial assurance mechanism; or
6. The responsible party fails to reclaim the
				surface disturbances under the approved reclamation plan, the Act, or this
				Chapter.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-3-818 - Notice of Forfeiture Action; Avoidance of Forfeiture

Current through Register Vol. 30, No. 28, July 12, 2024
At least 30 days before initiating forfeiture action, the
				  Inspector shall provide written notice to both the responsible party and all
				  principals and sureties by certified mail with receipt, express mail with
				  receipt, or hand delivery that:
1. The
				financial assurance is subject to forfeiture;
2. The responsible party has a right to a
				hearing under A.R.S. Title 41, Chapter 6, Article 10; and
3. The conditions under which the responsible
				party may avoid forfeiture including:
a.
				Reaching an agreement with the Inspector regarding a compliance schedule under
				which the responsible party or another party will perform reclamation
				operations that meet the conditions and requirements of the approved
				reclamation plan, the Act, and this Chapter; and
b. Obtaining a surety bond to replace the
				financial assurance mechanism subject to forfeiture in an amount sufficient to
				complete the reclamation as agreed under subsection (3)(a).
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-3-819 - Notice of Exercise of Forfeiture

Current through Register Vol. 30, No. 28, July 12, 2024
The Inspector shall provide written notice by certified mail,
				  with receipt, of any exercise of forfeiture of financial assurance to both the
				  owner and operator and all principals and sureties.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-3-820 - Municipal, County, or State Government

Current through Register Vol. 30, No. 28, July 12, 2024
If the owner of an aggregate exploration operation or mining
				  unit or facility is a municipal, county, or state governmental entity, the
				  Inspector shall not require a financial assurance mechanism. However, the owner
				  shall submit to the Inspector a written guarantee that private lands involved
				  in the aggregate exploration operation or mining unit or facility will be
				  reclaimed in accordance with the Act and this Chapter.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-3-821 - Non-mining Excavation Surface Disturbances

Current through Register Vol. 30, No. 28, July 12, 2024
A borrow pit, construction excavation, or other
				  site-development excavation that is not located on mine property or related to
				  mining is outside the jurisdiction of the Inspector but is subject to the
				  jurisdiction of the U.S. Occupational Safety and Health Administration.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 2 - STATE OF ARIZONA LIVESTOCK LOSS BOARD › Article 1 - DEFINITIONS AND GENERAL PROVISIONS › Section R12-2-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definition established under A.R.S.
				  §
									17-492, the following definitions
				  are applicable to this Article:
"Board" means the State of Arizona Livestock Loss
				  Board.
"Claim" means an application to the Board for compensation
				  under this chapter.
"Claimant" means the landowner, lessee, or livestock
				  operator who has filed a wolf predation claim for compensation.
"Compensation" means a cash payment, materials, or
				  service.
"Guard dog" means dogs trained for the purpose of protecting
				  livestock from attack by wildlife or for herding livestock.
"Livestock" means bison, cattle, goats, horses, llamas,
				  mules and asses, sheep, and swine.
"Range rider" means a person who monitors, scouts for, and
				  identifies signs of wolf activity in areas where livestock will graze.
"NFWF" means the National Fish and Wildlife
				  Foundation.
"USDA Wildlife Field Representative" means a person who has
				  successfully completed the training necessary to assist landowners in
				  preventing or controlling problems caused by negative wildlife
				  interactions.
"Wildlife interaction" means the interaction and the
				  resultant damage between wildlife and livestock.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 2 - STATE OF ARIZONA LIVESTOCK LOSS BOARD › Article 1 - DEFINITIONS AND GENERAL PROVISIONS › Section R12-2-102 - Compensation for Mexican Wolf Depredation on Livestock; Eligibility; Application

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Board may compensate a landowner, lessee, or livestock operator for the loss of
				livestock caused by Mexican gray wolf depredation. Cash compensation for
				livestock losses from wolves shall not include damage to other real or personal
				property, including other vegetation or animals, consequential damages, or any
				other damages. The Board shall:
1. Consider
				claims in the order received, and
2. Award compensation until eligible funds
				are exhausted.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 2 - STATE OF ARIZONA LIVESTOCK LOSS BOARD › Article 1 - DEFINITIONS AND GENERAL PROVISIONS › Section R12-2-103 - Compensation for Carcass Removal; Eligibility; Application

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Board may
				compensate a landowner, lessee, or livestock operator for removal of a
				livestock carcass from the areas where the landowner, lessee, or livestock
				operator maintains livestock to reduce the potential for Mexican wolves (wolf,
				wolves) to feed on the carcass and remain in the area proximate to additional
				livestock. The Board has established a compensation rate of $250 per carcass
				removed from wolf-occupied areas.
B. To receive compensation, the claimant
				shall submit an Obtaining Carcass Removal Program Compensation Request Form
				(form) to the Board no less than seven days prior to its next regularly
				scheduled meeting. The claimant shall mail the form to the Arizona Livestock
				Loss Board at P.O. Box 74975, Phoenix, AZ, 85087. The claimant shall provide
				all of the information on the form, including:
1. Producer name,
2. Producer mailing address,
3. Ranch/Allotment,
4. Photographic documentation and a
				description of the circumstances regarding the carcass and its removal from any
				area where the carcass is available to access by wolves, and
5. Manner of disposal:
a. Buried,
b. Disposed of at a landfill, or
c. Removed outside wolf occupied area. The
				claimant shall describe the location where the carcass was placed.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 2 - STATE OF ARIZONA LIVESTOCK LOSS BOARD › Article 1 - DEFINITIONS AND GENERAL PROVISIONS › Section R12-2-104 - Livestock Depredation Prevention Compensation Funding; Eligibility

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Arizona
				Livestock Loss Board (Board), in its sole discretion, may make funds available
				to landowners, lessees, or livestock operators who implement livestock
				management techniques or nonlethal wolf deterrence techniques designed to
				prevent wolf and livestock interactions and reduce wolf depredations, which may
				include but is not limited to:
1.
				Fencing,
2. Guard dogs,
3. Range riders,
4. Reduction in livestock production,
				and
5. Transportation costs to
				relocate livestock.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 1 - DEFINITIONS AND GENERAL PROVISIONS › Section R12-4-103 - Duplicate Tags and Licenses

Current through Register Vol. 30, No. 28, July 12, 2024
A. Under
				A.R.S. §
									17-332(C),
				the Department and its license dealers may issue a duplicate license or tag to
				an applicant who:
1. Pays the applicable fee
				prescribed under
				R12-4-102,
				and
2. Signs an affidavit. The
				affidavit is furnished by the Department and is available at any Department
				office or license dealer.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 1 - DEFINITIONS AND GENERAL PROVISIONS › Section R12-4-104 - Application Procedures for Issuance of Hunt Permit-tags by Computer Draw and Purchase of Bonus Points

Current through Register Vol. 30, No. 28, July 12, 2024
A. For the
				purposes of this Section, "group" means all applicants who placed their names
				on a single application as part of the same application.
B. A person is eligible to apply:
1. For a hunt permit-tag if the person:
a. Is at least 10 years of age at the start
				of the hunt for which the person is applying;
b. Has successfully completed a
				Department-sanctioned hunter education course by the start date of the hunt for
				which the person is applying, when the person is between 9 and 14 years of
				age;
c. Has not reached the bag
				limit established under subsection (J) for that genus; and
d. Is not suspended or revoked in this state
				as a result of an action under A.R.S. §§
											17-340
				or
				17-502
				at the time the person submits an application.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 1 - DEFINITIONS AND GENERAL PROVISIONS › Section R12-4-105 - License Dealer's License

Current through Register Vol. 30, No. 28, July 12, 2024
A. For
				the purposes of this Section, unless the context otherwise requires:
"Dealer number" means the unique number assigned by the
				  Department to a dealer outlet.
"Dealer outlet" means a specified location authorized to sell
				  licenses under a license dealer's license.
"License" means any hunting or fishing license, permit,
				  stamp, or tag that may be sold by a dealer or dealer outlet under this
				  Section.
"License dealer" means a business licensed by the Department
				  to sell licenses from one or more dealer outlets.
"License Dealer Portal" means the secure website provided by
				  the Department for issuing licenses and permits and accessing a license
				  dealer's account.
B. A
				person shall not sell or issue licenses without authorization from the
				Department. A license dealer's license authorizes a person to issue licenses on
				behalf of the Department. A person is eligible to apply for a license dealer's
				license, provided all of the following criteria are met:
1. The person's privilege to sell licenses
				for the Department has not been revoked or canceled under A.R.S. §§
										17-334,
				17-338,
				or
				17-339
				within the two calendar years immediately preceding the date of
				application;
2. The person's credit
				record or assets assure the Department that the value of the licenses shall be
				adequately protected;
3. The person
				agrees to assume financial responsibility for licenses provided by the
				Department at the maximum value established under R12-4-102.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 1 - DEFINITIONS AND GENERAL PROVISIONS › Section R12-4-106 - Special Licenses Licensing Time-frames

Current through Register Vol. 30, No. 28, July 12, 2024
A. For the purposes of this Section, the
				following definitions apply:
"Administrative review time-frame" has the same meaning as
				  prescribed under A.R.S. §
									41-1072(1)
. "License" means any permit or authorization issued by the
				  Department and listed under subsection (H).
"Overall time-frame" has the same meaning as prescribed
				  under A.R.S. §
									41-1072(2).
"Substantive review time-frame" has the same meaning as
				  prescribed under A.R.S. §
									41-1072(3).
B. As required under A.R.S. §
									41-1072 et
				seq., within the overall time-frames listed in the table below, the Department
				shall either:
1. Grant a license to an
				applicant after determining the applicant meets all of the criteria required by
				statute and the governing rule; or
2. Deny a license to an applicant when the
				Department determines the applicant does not meet all of the criteria required
				by statute and the governing rule.
a. The
				Department may deny a license at any point during the review process if the
				information provided by the applicant demonstrates the applicant is not
				eligible for the license as prescribed under statute or the governing
				rule.
b. The Department shall issue
				a written denial notice when it is determined that an applicant does not meet
				all of the criteria for the license.
c. The written denial notice shall provide:
i. The Department's justification for the
				denial, and
ii. When a hearing or
				appeal is authorized, an explanation of the applicant's right to a hearing or
				appeal.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 1 - DEFINITIONS AND GENERAL PROVISIONS › Section R12-4-107 - Bonus Point System

Current through Register Vol. 30, No. 28, July 12, 2024
A. For the
				purpose of this Section, the following definitions apply:
"Bonus point hunt number" means the hunt number assigned in a
				  Commission Order for use by an applicant who is applying for a bonus point
				  only.
"Loyalty bonus point" means a bonus point awarded to a person
				  who has submitted a valid application for a hunt permit-tag or a bonus point
				  for a specific genus identified in subsection (B) at least once annually for a
				  consecutive five-year period.
B. The bonus point system grants a person one
				random number entry in each computer draw for bear, bighorn sheep, bison, deer,
				elk, javelina, pronghorn, Sandhill crane, or turkey for each bonus point that
				person has accumulated under this Section.
1.
				Each bonus point random number entry is in addition to the entry normally
				granted under R12-4-104.
2. When
				processing a "group" application, as defined under R12-4-104, the Department
				shall use the average number of bonus points accumulated by all persons in the
				group, rounded to the nearest whole number. If the average number of bonus
				points is equal to or greater than .5, the total will be rounded to the next
				higher number.
3. The Department
				shall credit a bonus point under an applicant's Department identification
				number for the genus on the application.
4. The Department shall not transfer bonus
				points between persons or genera.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 1 - DEFINITIONS AND GENERAL PROVISIONS › Section R12-4-109 - Approved Trapping Education Course Fee

Current through Register Vol. 30, No. 28, July 12, 2024
Under A.R.S. §
									17-333.02(A),
				  the provider of an approved educational course of instruction in responsible
				  trapping and environmental ethics may collect a fee from each participant
				  that:
1 Is reasonable and commensurate
				for the course, and
2 Does not
				exceed $25.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 1 - DEFINITIONS AND GENERAL PROVISIONS › Section R12-4-110 - Posting and Access to State Land

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				For the purpose of this Section:
"Corrals," "feed
				  lots," or "holding pens" mean completely fenced areas used to contain livestock
				  for purposes other than grazing.
"Existing road" means
				  any maintained or unmaintained road, way, highway, trail, or path that has been
				  used for motorized vehicular travel, and clearly shows or has a history of
				  established vehicle use, and is not currently closed by the Commission.
"State lands" means
				  all land owned or held in trust by the state that is managed by the State Land
				  Department and lands that are owned or managed by the Game and Fish
				  Commission.
B. In addition
				to the prohibition against posting proscribed under A.R.S. §
									17-304,
				a person shall not lock a gate, construct a fence, place an obstacle, or
				otherwise commit an act that denies legally available access to or use of any
				existing road upon state lands by persons lawfully taking or retrieving
				wildlife or conducting any activities that are within the scope of and take
				place while lawfully hunting or fishing.
1. A
				person in violation of this Section shall take immediate corrective action to
				remove any lock, fence, or other obstacle unlawfully preventing access to state
				lands.
2. If immediate corrective
				action is not taken, a representative of the Department may remove any unlawful
				posting and remove any lock, fence, or other obstacle that unlawfully prevents
				access to state lands.
3. In
				addition, the Department may take appropriate legal action to recover expenses
				incurred in the removal of any unlawful posting or obstacle that prevented
				access to state land.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 1 - DEFINITIONS AND GENERAL PROVISIONS › Section R12-4-112 - Diseased, Injured, or Chemically-immobilized Wildlife

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				person who lawfully takes and possesses wildlife believed to be diseased,
				injured, or chemically-immobilized may request an inspection of the wildlife
				carcass provided:
1. The wildlife was
				lawfully taken and possessed under a valid hunt permit- or nonpermit-tag,
				and
2. The person who took the
				wildlife did not create the condition.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 1 - DEFINITIONS AND GENERAL PROVISIONS › Section R12-4-113 - Small Game Depredation Permit

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Department shall issue a small game depredation permit authorizing the take
				of small game and the allowable methods of take only after the Department has
				determined all other remedies prescribed under A.R.S. §
									17-239(A),
				(B), and (C) have been exhausted and the take
				of the small game is necessary to alleviate the property damage. A small game
				depredation permit is:
1. A complimentary
				permit.
2. Not valid for the take
				of migratory birds unless the permit holder:
a. Obtains and possesses a federal special
				purpose permit under
				50 CFR 21.41,
				revised October 1, 2014, which is incorporated by reference; or
b. Is exempt from permitting requirements
				under
				50
				CFR 21.43, revised October 1, 2014, which is
				incorporated by reference.
c. For
				subsections (A)(2)(a) and (b), the incorporated material is available at any
				Department office, online at
www.gpoaccess.gov
, or it 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.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 1 - DEFINITIONS AND GENERAL PROVISIONS › Section R12-4-114 - Issuance of Nonpermit-tags and Hunt Permit-tags

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department
				provides numbered tags for sale to the public. The Department shall ensure each
				tag:
1. Includes a transportation and shipping
				permit as prescribed under A.R.S. §§
										17-332
				and
				17-371,
				and
2. Clearly identifies the
				wildlife for which the tag is valid.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 1 - DEFINITIONS AND GENERAL PROVISIONS › Section R12-4-115 - Restricted Nonpermit-Tags; Supplemental Hunts and Hunter Pool

Current through Register Vol. 30, No. 28, July 12, 2024
A. For the purposes
				of this Section, the following definitions apply:
"Companion tag" means a restricted nonpermit-tag valid for a
				  supplemental hunt prescribed by Commission Order that exactly matches the
				  season dates and open areas of another big game hunt, for which a hunt number
				  is assigned and hunt permit-tags are issued through the computer draw.
"Emergency season" means a season established for reasons
				  constituting an immediate threat to the health, safety or management of
				  wildlife or its habitat, or public health or safety.
"Management objectives" means goals, recommendations, or
				  guidelines contained in Department or Commission-approved wildlife management
				  plans, which include hunt guidelines, operational plans, or hunt
				  recommendations;
"Hunter pool" means all persons who have submitted an
				  application for a supplemental hunt.
"Restricted nonpermit-tag" means a permit limited to a
				  season for a supplemental hunt established by the Commission for the following
				  purposes:
Take of depredating wildlife as authorized under A.R.S.
				  §
										17-239;
Take of wildlife under an Emergency Season; or
Take of wildlife under a population management hunt if the
				  Commission has prescribed nonpermit-tags by Commission Order for the purpose of
				  meeting management objectives because regular seasons are not, have not been,
				  or will not be sufficient or effective to achieve management
				  objectives.
B. The
				Commission shall, by Commission Order, open a season or seasons and prescribe a
				maximum number of restricted nonpermit-tags to be made available under this
				Section.
C. The Department shall
				implement a population management hunt under the open season or seasons
				established under subsection (B) if the Department determines the:
1. Regular seasons have not met or will not
				meet management objectives;
2. Take
				of wildlife is necessary to meet management objectives; and
3. Issuance of a specific number of
				restricted nonpermit-tags is likely to meet management objectives.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 1 - DEFINITIONS AND GENERAL PROVISIONS › Section R12-4-116 - Issuance of Limited-Entry Permit-tag

Current through Register Vol. 30, No. 28, July 12, 2024
.
,
A. For the purposes of this Section,
				limited-entry permit-tags may be for terrestrial or aquatics species, or
				specific areas for terrestrial or aquatic species.
B. The Commission may, by Commission Order,
				open a limited-entry season or seasons and prescribe a maximum number of
				limited-entry permit-tags to be made available under this Section.
C. The Department may implement limited-entry
				permit-tags under the open season or seasons established in subsection (B) if
				the Department determines:
1. A season for a
				specific terrestrial or aquatic wildlife species, or specific area of the
				state, is in high demand;
2.
				Issuance of a specific number of limited-entry permit-tags will not adversely
				affect management objectives for a species or area;
3. Surrendered hunt permit-tags, already
				approved by Commission Order, are available from hunts with high
				demand.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 1 - DEFINITIONS AND GENERAL PROVISIONS › Section R12-4-117 - Indian Reservations

Current through Register Vol. 30, No. 28, July 12, 2024
A state license, permit, or tag is not required to hunt or
				  fish on any Indian reservation in this State. Wildlife lawfully taken on an
				  Indian reservation may be transported or processed anywhere in the State if it
				  can be identified as to species and legality as provided in A.R.S. §
									17-309(A)(19).
				  All wildlife transported anywhere in this State is subject to inspection under
				  the provisions of A.R.S. § 17-211(E)(4).
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 1 - DEFINITIONS AND GENERAL PROVISIONS › Section R12-4-118 - Hunt Permit-tag Surrender

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Commission authorizes the Department to implement a tag surrender program
				if the Director finds:
1. The Department has
				the administrative capacity to implement the program;
2. There is public interest in such a
				program; or
3. The tag surrender
				program is likely to meet the Department's revenue objectives.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 1 - DEFINITIONS AND GENERAL PROVISIONS › Section R12-4-119 - Arizona Game and Fish Department Reserve

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Commission shall establish an Arizona
				Game and Fish Department Reserve under A.R.S. §
									17-214,
				consisting of commissioned reserve officers and noncommissioned reserve
				volunteers.
B. Commissioned reserve
				officers shall:
1. Meet and maintain the
				minimum qualifications and training requirements necessary for peace officer
				certification by the Arizona Peace Officer Standards and Training Board as
				prescribed under 13 A.A.C. 4, and
2. Assist with wildlife enforcement patrols,
				boating enforcement patrols, off-highway vehicle enforcement patrols, special
				investigations, and other enforcement and related non-enforcement duties as the
				Director designates.