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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Game and Fish
Chapter : CONSERVATION PROJECTS AND FEDERAL COOPERATION
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17-401 Definitions
In this article, unless the context otherwise requires:
1. "Secretary" means the secretary of the interior of the United States, or any
officer or agency of the United States authorized to administer the restoration acts.
2. "Restoration acts" means the Pittman-Robertson federal aid in wildlife
restoration act found in 50 Stat. 917, 16 U.S.C.A. sections 669 through 669j; and the
Dingell-Johnson federal aid in fish restoration act found in 64 Stat. 430, 16 U.S.C.A.
sections 777 through 777k, and includes the rules and regulations issued by the secretary
pursuant thereto.
3. "Restoration projects" or "projects" means a project for selection, restoration,
rehabilitation or improvement of areas of land or water adaptable as feeding, resting or
breeding places for wildlife or fish, and includes acquisition by purchase, lease or gift
of the property or interest therein as may be suitable or capable of being made suitable
therefor, and the construction of such works as may be necessary to efficient
administration of wildlife resources, and such preliminary or incidental expenses as may
be incurred in and about the project.
17-402 Acceptance of federal aid acts
A. The state assents to the provisions of Public Law 415, 75th Congress, chapter
899, first session, and Public Law 681, 81st Congress, chapter 658, second session.
B. The commission shall be the agency of the state for the purposes of this
article.
17-403 Restoration projects
The commission may cooperate and enter into agreements with the secretary for
establishment, maintenance and completion of restoration projects, pursuant to the
restoration acts.
17-404 Acquisition of lands
The commission, in the name of the state and with approval of the governor, may
acquire by purchase, lease or gift, either for cash or upon installments, such lands or
other property or interest therein as may be necessary for the purpose of carrying on a
restoration project pursuant to an agreement entered into between the commission and the
secretary.
17-405 Acceptance of grants
A. The commission shall notify the secretary of its desires to avail itself of
monies apportioned not later than sixty days after receipt of certification by the
secretary of the estimated amount to be apportioned to this state.
B. Upon receipt of final certification by an agency of the federal government
allocating funds to this state for any fiscal year or portion thereof available to the
ARIZONA game and fish department, the commission shall transfer this state's share of the
amount so allocated from any monies appropriated by the legislature of this state for the
purpose of carrying out wildlife programs and if the monies are insufficient, the
commission may transfer from the game and fish fund such sum as it deems advisable to
further match the federal apportionments. Monies received from funds of the United
States shall be deposited in the federal aid accounts. Claims against the accounts shall
be made and paid in the manner provided by law for payment of claims against the game and
fish fund.
C. Monies in the federal aid accounts shall be expended solely for work allowable
under the provisions of the projects.
17-406 Revolving fund; appropriation; purpose and reimbursement
A. There is established a permanent revolving fund to be known as the game and fish
revolving fund.
B. The fund is appropriated for the initial financing or continuation of projects
approved in compliance with the provisions of the restoration acts of Congress known as
the Pittman-Robertson act and the Dingell-Johnson act and provisions of section 17-402
and other wildlife projects in which the cost may be partially or wholly reimbursed from
federal funds.
C. Funds received from the federal government for deposit and appropriated state
matching money shall be deposited to the credit of the revolving fund to the extent of
expenditures therefrom.
D. This article is exempt from the provisions of section 35-190 relating to lapsing
appropriations.
17-407 Acquisition of lands by United States for migratory bird conservation
A. Notwithstanding section 37-620.01, the consent of this state is given pursuant
to title 16 United States Code section 715f and article I, section 8, clause 17 of the
Constitution of the United States for the acquisition by the United States of land and
any buildings and other improvements required for migratory bird conservation purposes.
B. This state shall maintain concurrent civil and criminal jurisdiction over
persons on lands acquired by the United States under this section.
17-421 Right to conduct fish hatching and culture; limitations
A. The secretary of the interior is granted the privilege to conduct fish hatching,
fish culture and other operations connected therewith, including the acquisition of land,
with the approval of the commission, in any manner and at any time that may be considered
by the secretary necessary and proper, any laws of the state to the contrary
notwithstanding.
B. Nothing in this section shall be construed as permitting or granting to the
secretary jurisdiction over or interference with the established activities or facilities
of the department nor shall this section be construed as contravening any law of this
state relating to public health or water rights.
17-451 Definitions
In this article, unless the context otherwise requires:
1. "Cross-country" means travel over the countryside other than by road.
2. "Road" means any maintained or unmaintained road that has been utilized by the
public.
17-452 Restrictions on motor vehicle use; recommendations; agreements; rules
A. When the commission determines that the operation of motor vehicles within a
certain area, except private land, is or may be damaging to wildlife reproduction,
wildlife management or wildlife habitat of such area, the commission, with the
concurrence of the land management agency involved and after a public hearing, may order
such area closed to motor vehicles for not more than five years from the date of such
closure, provided that all roads in such area shall remain open unless specifically
closed.
B. The commission may also recommend that particular areas of land be set aside or
made available for the use of recreational vehicles.
C. The commission may enter into agreements with landowners and agencies
controlling areas that the commission has made recommendations on pursuant to subsection
B. Any such agreement shall stipulate the restrictions, prohibitions and permitted uses
of motor vehicles in such area and the duties of the commission and such landowner or
agency relating to the enforcement of the terms of such agreement.
D. The commission shall adopt rules pursuant to title 41, chapter 6 to carry out
the provisions of this section.
17-453 Notices of restrictions; posting; publication
A. For all areas specified under agreements pursuant to section 17-452, the
commission shall cause notices of the restrictions, prohibitions or permitted uses of
such area to be posted, prior to the effective date of such restrictions, prohibitions or
permitted uses, on the main traveled roads and highways entering such area and such
locations that the commission deems appropriate.
B. In addition to the posted notices required by subsection A of this section, the
commission shall cause a notice of such restrictions, prohibitions or permitted uses,
together with a description of the area, to be published three times in a newspaper of
general circulation in the state prior to the effective date of such restrictions,
prohibitions or permitted uses.
17-454 Prohibition against vehicle travel
No person shall drive a motor operated vehicle cross-country on public or private
lands where such cross-country driving is prohibited by rule or regulation or, in the
case of private lands, by proper posting.
17-455 Exceptions
A. The restrictions, prohibitions or permitted uses established pursuant to section
17-452 shall not apply to:
1. Public employees acting in the scope of their employment.
2. Valid licensees and permittees of state agencies and land management
agencies. Holders of such licenses and permits shall be limited to the specific purposes
and areas of travel for which such licenses or permits were issued or granted.
3. Necessary travel within or across restricted or prohibited land by employees and
agents of public utilities, subject to ARIZONA corporation commission (or any successor
agency) or federal power commission regulation, of suppliers of water or power acting as
agents of the federal government, and employees or agents of mining companies exercising
rights pursuant to any state or federal mining law or regulation. Other persons who are
regularly engaged in prospecting or mineral exploration shall upon application be issued
vehicular access permits by the director.
4. A licensed hunter who enters an area solely to pick up a big game animal which
he has legally killed.
B. Emergency situations, such as fire or other disasters, or when otherwise
necessary to protect life or property shall not require a permit.
C. Parking and camping shall be allowed along open roads in closed areas, except
that no vehicle shall be parked or operated at a distance greater than three hundred feet
from such roads.
17-456 Expenditure of funds; source; functions
The commission may expend such funds as may become available from general fund
appropriations to carry out the provisions of this article, including, but not limited
to:
1. Investigations and surveys of actual or possible wildlife habitat damage by
motor vehicles and the study of areas to be recommended for recreational vehicle use.
2. Posting notices of restrictions, prohibitions and permitted uses of motor
vehicles.
3. Providing maps.
4. An informational and educational program on wildlife habitat preservation and
restoration.
5. The enforcement of the provisions of this article.
17-457 Enforcement of article
All peace officers of the state, counties and municipalities and other duly
authorized state and federal employees shall enforce the provisions of this article.
17-458 Violations; classification
Any person who violates any provision of this article or any rule or regulation
adopted pursuant to this article is guilty of a class 3 misdemeanor.
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