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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Game and Fish
Chapter : GAME AND FISH DEPARTMENT AND GAME AND FISH COMMISSION
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17-201 Game and fish department and game and fish commission members; appointment; removal; meetings
A. The laws of the state relating to wildlife shall be administered by the game and
fish department. Control of the department is vested in the game and fish
commission. The commission shall consist of five members, appointed by the governor
pursuant to section 38-211. Not more than three members shall be members of the same
political party, and no two members may be residents of the same county. Members shall
be well informed on the subject of wildlife and requirements for its conservation.
Appointments shall be for a term of five years and shall expire on the third Monday in
January of the appropriate year.
B. The governor may, after public hearing, remove a member for inefficiency,
neglect of duty or misconduct in office. Upon removal of a member the governor shall
file in the office of the secretary of state a complete statement of all charges made
against the members and his findings thereon, together with a complete record of the
proceedings.
C. Each member of the commission while attending general or specific meetings of
the commission or while performing official duties for the commission shall receive
compensation as determined pursuant to section 38-611. A commission member who is
otherwise employed as a public officer shall not receive such payment if it is prohibited
by law. Compensation and expenses shall be paid monthly from the game and fish fund.
D. The commission shall have its principal office at the state capitol but meetings
may be held at any time or place within the state. The commission shall meet at least
once quarterly. Meetings may be held at the call of the chairman or majority of the
commission. A majority of the commission shall constitute a quorum to transact business.
17-211 Director; selection; removal; powers and duties; employees
A. The commission shall appoint a director of the ARIZONA game and fish department,
who shall be the chief administrative officer of the game and fish department. The
director shall receive compensation as determined pursuant to section 38-611. The
director shall be selected on the basis of administrative ability and general knowledge
of wildlife management. The director shall act as secretary to the commission, and shall
serve for a term of five years, but may be removed by the commission, after public
hearing, for inefficiency, neglect of duty or misconduct in office. If the director is
removed, the commission shall make, in its minutes, a complete statement of the
proceedings and all charges made against the director, and its findings. The director
shall not hold any other office, and shall devote the entire time to the duties of
office.
B. The commission shall prepare an examination for the post of director to comply
with the requirements of this title. The examination shall be conducted at the offices
of the commission at the capital to establish an active list of eligible applicants. The
director shall be selected from those scoring satisfactory grades and having other
qualities deemed advisable by the commission. The commission may call for additional
examinations from time to time for selection of a new list of eligible applicants to fill
a vacancy.
C. The director may appoint employees necessary to carry out the purposes of this
title, when funds for the payment of their salaries are appropriated. Department
employees shall be located in different sections of the state where their services are
most needed. All appointments must be made in accordance with procedures and
qualifications established by the commission. Compensation for persons appointed shall
be as determined pursuant to section 38-611. The director may dismiss an employee for
inefficiency, neglect of duty or misconduct. Such employee shall be entitled to an
appeal before the commission after filing a written request for a hearing within thirty
days after the date of discharge. The director shall file in the department office a
complete statement of charges made against the employee and the findings after such
written request is received. If the employee fails to file such request within the
thirty-day period, the right of appeal is waived and the action of the director shall be
final.
D. The director shall:
1. Have general supervision and control of all activities, functions and employees
of the department.
2. Enforce all provisions of this title, including all commission rules.
3. Collaborate with the state forester in presentations to legislative committees
on issues associated with forest management and wildfire prevention and suppression as
provided by section 37-622, subsection B.
E. Game rangers and wildlife managers may, in addition to other duties:
1. Execute all warrants issued for a violation of this title.
2. Execute subpoenas issued in any matter arising under this title.
3. Search without warrant any aircraft, boat, vehicle, box, game bag or other
package where there is sufficient cause to believe that wildlife or parts of wildlife are
possessed in violation of law.
4. Inspect all wildlife taken or transported and seize all wildlife taken or
possessed in violation of law, or showing evidence of illegal taking.
5. Seize as evidence devices used illegally in taking wildlife and hold them
subject to the provisions of section 17-240.
6. Generally exercise the powers of peace officers with primary duties the
enforcement of this title.
7. Seize devices that cannot be lawfully used for the taking of wildlife and are
being so used and hold and dispose of them pursuant to section 17-240. 17-212 Director's seal; authentication of records
A. The director shall adopt a seal of office which shall be used to authenticate
records and copies of records required by law to be made and kept by the department.
B. The director and any department employees the director designates in writing may
use the seal to authenticate records and copies of records.
C. Authenticated records or authenticated copies of records shall be received in
evidence without further proof of their authenticity.
17-213 Prohibition on political activity
Neither the director nor any employee of the department shall take active part in a
political campaign nor use his office to influence in any way an election or the results
thereof. Failure to abide by the provisions of this section shall constitute grounds for
dismissal of the director or any employee.
17-214 ARIZONA game and fish department reserve; members; powers and duties; compensation
A. The commission may establish a volunteer organization known as the ARIZONA game
and fish department reserve and prescribe the qualifications for membership. Members of
the reserve serve at the pleasure of the director who has general supervision and control
of all reserve activities.
B. The reserve shall assist the department as an auxiliary body and perform such
duties in the areas of education, conservation and enforcement as the commission
prescribes by rule or regulation. The director may designate qualified reservists as
peace officers in the same manner and with the same powers as game rangers and wildlife
managers. Such reservists are not entitled to participate in the public safety personnel
retirement system pursuant to title 38, chapter 5, article 4.
C. Members of the reserve are not eligible to receive compensation but are eligible
for reimbursement of expenses pursuant to title 38, chapter 4, article 2. Members of the
reserve are deemed to be employees of this state for the purpose of coverage under
ARIZONA workers' compensation pursuant to title 23, chapter 6.
17-231 General powers and duties of the commission
A. The commission shall:
1. Make rules and establish services it deems necessary to carry out the provisions
and purposes of this title.
2. Establish broad policies and long-range programs for the management,
preservation and harvest of wildlife.
3. Establish hunting, trapping and fishing rules and prescribe the manner and
methods which may be used in taking wildlife.
4. Be responsible for the enforcement of laws for the protection of wildlife.
5. Prescribe grades, qualifications and salary schedules for department employees.
6. Provide for the assembling and distribution of information to the public
relating to wildlife and activities of the department.
7. Prescribe rules for the expenditure, by or under the control of the director, of
all funds arising from appropriation, licenses, gifts or other sources.
8. Exercise such powers and duties necessary to carry out fully the provisions of
this title and in general exercise powers and duties which relate to adopting and
carrying out policies of the department and control of its financial affairs.
9. Prescribe procedures for use of department personnel, facilities, equipment,
supplies and other resources in assisting search or rescue operations on request of the
director of the division of emergency management.
10. Cooperate with the ARIZONA-Mexico commission in the governor's office and with
researchers at universities in this state to collect data and conduct projects in the
United States and Mexico on issues that are within the scope of the department's duties
and that relate to quality of life, trade and economic development in this state in a
manner that will help the ARIZONA-Mexico commission to assess and enhance the economic
competitiveness of this state and of the ARIZONA-Mexico region.
B. The commission may:
1. Conduct investigations, inquiries or hearings in the performance of its powers
and duties.
2. Establish game management units or refuges for the preservation and management
of wildlife.
3. Construct and operate game farms, fish hatcheries, fishing lakes or other
facilities for or relating to the preservation or propagation of wildlife.
4. Expend funds to provide training in the safe handling and use of firearms and
safe hunting practices.
5. Remove or permit to be removed from public or private waters fish which hinder
or prevent propagation of game or food fish and dispose of such fish in such manner as it
may designate.
6. Purchase, sell or barter wildlife for the purpose of stocking public or private
lands and waters and take at any time in any manner wildlife for research, propagation
and restocking purposes or for use at a game farm or fish hatchery and declare wildlife
salable when in the public interest or the interest of conservation.
7. Enter into agreements with the federal government, with other states or
political subdivisions of the state and with private organizations for the construction
and operation of facilities and for management studies, measures or procedures for or
relating to the preservation and propagation of wildlife and expend funds for carrying
out such agreements.
8. Prescribe rules for the sale, trade, importation, exportation or possession of
wildlife.
9. Expend monies for the purpose of producing publications relating to wildlife and
activities of the department for sale to the public and establish the price to be paid
for annual subscriptions and single copies of such publications. All monies received from
the sale of such publications shall be deposited in the game and fish publications
revolving fund.
10. Contract with any person or entity to design and produce artwork on terms which,
in the commission's judgment, will produce an original and valuable work of art relating
to wildlife or wildlife habitat.
11. Sell or distribute the artwork authorized under paragraph 10 of this subsection
on such terms and for such price as it deems acceptable.
12. Consider the adverse and beneficial short-term and long-term economic impacts on
resource dependent communities, small businesses and the state of ARIZONA, of policies
and programs for the management, preservation and harvest of wildlife by holding a public
hearing to receive and consider written comments and public testimony from interested
persons.
C. The commission shall confer and coordinate with the director of water resources
with respect to the commission's activities, plans and negotiations relating to water
development and use, restoration projects under the restoration acts pursuant to chapter
4, article 1 of this title, where water development and use are involved, the abatement
of pollution injurious to wildlife and in the formulation of fish and wildlife aspects of
the director of water resources' plans to develop and utilize water resources of the
state and shall have jurisdiction over fish and wildlife resources and fish and wildlife
activities of projects constructed for the state under or pursuant to the jurisdiction of
the director of water resources.
D. The commission may enter into one or more agreements with a multi-county water
conservation district and other parties for participation in the lower Colorado river
multispecies conservation program under section 48-3713.03, including the collection and
payment of any monies authorized by law for the purposes of the lower Colorado river
multispecies conservation program. 17-232 Agreements with other states for reciprocal use of licenses
The commission, subject to the approval of the governor and the attorney general, is
authorized to enter into reciprocal agreements with corresponding state or county
agencies of adjoining states pertaining to the establishment of a basis whereby licenses
or permits issued by either of the parties may be used by the licensees within the
jurisdiction of either party to the agreement.
17-233 Acquisition and disposition of buffalo and buffalo meat
The commission may purchase, sell, barter, or give away buffalo or buffalo meat
provided the same may be given only to public institutions or charitable institutions and
monies derived therefrom shall be deposited in the game and fish fund.
17-234 Open or closed seasons; bag limits; possession limits
The commission shall by order open, close or alter seasons and establish bag and
possession limits for wildlife, but a commission order to open a season shall be issued
not less than ten days prior to such opening date. The order may apply statewide or to
any portion of the state. Closed season shall be in effect unless opened by commission
order.
17-235 Migratory birds
The commission shall prescribe seasons, bag limits, possession limits and other
regulations pertaining to taking migratory birds in accordance with the migratory bird
treaty act and regulations issued thereunder, but the commission may shorten or modify
seasons, bag and possession limits and other regulations on migratory birds as it deems
necessary.
17-236 Taking birds; possession of raptors
A. It is unlawful to take or injure any bird or harass any bird upon its nest, or
remove the nests or eggs of any bird, except as may occur in normal horticultural and
agricultural practices and except as authorized by commission order. Nothing in this
title shall be construed to prohibit the taking of such birds for scientific purposes
under permits issued by the commission.
B. The commission shall issue licenses to permit the possession and transportation
of raptors for sport falconry consistent with the requirements of the migratory bird
treaty act (40 Stat. 755; 16 United States Code sections 703 through 711) and the
endangered species act of 1973 (P.L. 93-205; 87 Stat. 884; 16 United States Code sections
1531 through 1544).
17-237 Pollution of waters
The commission is authorized to bring suit in the name of the state against any
person, corporation, or government agency, to restrain or enjoin the person, corporation,
or government agency from discharging or dumping into a stream or body of water in the
state any deleterious substance which is injurious to wildlife.
17-238 Special licenses for field trials, for shooting preserves and for collecting or holding wildlife in captivity
A. The commission may adopt rules and regulations and issue licenses for the
conduct of field trials, shooting preserves, private wildlife farms and zoos, or for the
personal use and possession of wildlife so as to safeguard the interests of the wildlife
and people of the state.
B. The commission, at its discretion and under such regulations as it deems
necessary, may issue a permit to take wildlife for scientific purposes to any person or
duly accredited representative of public educational or scientific institutions, or
governmental departments of the United States engaged in the scientific study of
wildlife.
C. A person holding a permit issued pursuant to this section may, upon advance
approval by the commission, buy, sell and transport wildlife legally possessed. Each
person receiving a permit under this section shall file with the department within
fifteen days after requested by the department a report of his activities under the
permit. The commission may revoke such licenses or permits for noncompliance with
regulations.
17-239 Wildlife depredations; investigations; corrective measures; disposal; reports; judicial review
A. Any person suffering property damage from wildlife may exercise all reasonable
measures to alleviate the damage, except that reasonable measures shall not include
injuring or killing game mammals, game birds or wildlife protected by federal law or
regulation unless authorized under subsection D of this section. A person may not retain
or sell any portion of an animal taken pursuant to this subsection except as provided in
section 3-2403.
B. Any person suffering such property damage, after resorting to the relief as is
provided in subsection A of this section, may file a written report with the director,
advising the director of the damage suffered, and the species of animals causing the
damage, and the director shall immediately order an investigation and report by an
employee trained in the handling of wild animal depredation.
C. The department shall provide technical advice and assist in the necessary
anti-depredation measures recommended in the report, including trapping, capturing and
relocating animals.
D. If harvest of animals is found to be necessary to relieve damage, the commission
may establish special seasons or special bag limits, and either set reduced fees or waive
any or all license fees required by this title, to crop that wildlife. If the commission
determines that this cropping by hunters is impractical, it may issue a special permit
for taking that wildlife to the landowner, lessee, livestock operator or municipality
suffering damage, provided that the edible portions, or other portions as prescribed by
the commission, of all the wildlife taken by the person suffering damage are turned over
to an agent of the department for delivery to a public institution or charitable
organization.
E. Except as provided in section 41-1092.08, subsection H, in the event any person
suffering property damage from wildlife is dissatisfied with the final decision of the
commission, the person may seek judicial review pursuant to title 12, chapter 7, article
6.
17-240 Disposition of wildlife; devices; unlawful devices; notice of intention to destroy; waiting period; destruction; jurisdiction of recovery actions; disposition of unclaimed property
A. Wildlife seized under this title may be disposed of in such manner as the
commission or the court may prescribe, except that the edible portions shall be given to
public institutions or charitable organizations. In consultation with the department of
health services and the chief veterinary meat inspector, the commission shall adopt rules
for the handling, transportation, processing and storing of game meat given to public
institutions and charitable organizations.
B. Devices, excepting firearms, which cannot be used lawfully for the taking of
wildlife and being so used at the time seized may be destroyed. Notice of intention to
destroy such devices as prescribed in this section must be sent by registered mail to the
last known address of the person from whom seized if known and posted in three
conspicuous places within the county wherein seized, two of said notices being posted in
the customary place for posting public notices about the county courthouse of said
county. Such device shall be held by the department for thirty days after such posting
and mailing, and if no action is commenced to recover possession of such device within
such time, the same shall be summarily destroyed by the department, or if such device
shall be held by the court in any such action to have been used for the taking of
wildlife, then such device shall be summarily destroyed by the department immediately
after the decision of the court has become final. The justice court shall have
jurisdiction of any such actions or proceedings commenced to recover the possession of
such devices.
C. Devices other than those referred to in subsection B, including firearms seized
under this title shall, after final disposition of the case, be returned to the person
from whom the device was seized. If the person from whom the device was seized cannot be
located or ascertained, the device seized shall be retained by the department at least
ninety days after final disposition of the case, and all devices so held by the
department may be:
1. Sold annually.
2. Destroyed only if considered a prohibited or defaced weapon, as defined in
section 13-3101, except that any seized firearm registered in the national firearms
registry and transfer records of the United States treasury department or has been
classified as a curio or relic by the United States treasury department shall not be
destroyed.
D. If no complaint is filed pursuant to this title, the device shall be returned to
the person from whom seized within thirty days from the date seized.
E. A complete report of all wildlife and devices seized by the department showing a
description of the items, the person from whom it was seized, if known, and a record of
the disposition shall be kept by the department. The money derived from the sale of any
devices shall be deposited in the game and fish fund.
17-241 Acquisition and disposition of lands and waters; retention of rights; disposition of proceeds
A. The commission, in the name of the state, with the approval of the governor may:
1. Acquire by purchase, lease, exchange, gift or condemnation lands for use as fish
hatcheries, game farms, firing ranges, reservoir sites or rights of way to fishing
waters.
2. Acquire by purchase, lease, exchange or gift lands or waters for use as fish
hatcheries, game farms, shooting areas, firing ranges or other purposes necessary to
carry out the provisions of this title.
3. Acquire by condemnation waters for use as fish hatcheries. The acquisition of
land acquired by condemnation shall be limited to a maximum of one hundred sixty acres
unless first approved by the legislature.
B. The commission may, with approval of the governor and state land commissioner,
lease, sublease, exchange, or sell, in the name of the state, any land acquired by gift,
purchase, lease, exchange, or other method.
C. Notwithstanding any other provision of law, the sale or transfer of any lands
under the provisions of this section shall be subject to a reservation to the state of
all mineral rights and may be subject to the right of entry thereon by the public for
hunting and fishing purposes.
D. Money derived from a sale or lease shall be deposited in the game and fish fund.
17-242 Guaranteeing irrigation district assessment; sale of land located within federal reclamation projects and irrigation districts
A. The commission, by and with the approval of the governor and state land
commissioner, may make contracts with irrigation districts in the name of the state to
guarantee the payment of and to pay to the irrigation district the full amount of
district assessments or charges against land owned by the game and fish commission
located within a federal reclamation project, or an irrigation district which is served
wholly or in part by such federal reclamation project, at any time such assessments or
charges become delinquent.
B. If the commission sells any of the land referred to in subsection A, it shall
require at least one-fourth of the sale price to be paid at the time of sale and the
balance payable in not less than twenty years. The contract of sale or other document of
sale shall require that the purchaser pay such irrigation district assessments or charges
before delinquency, and that failure to do so shall constitute a breach of the terms of
sale. If a purchaser defaults in the payment of such irrigation district assessments or
charges and the interest of the purchaser in such land is terminated, the subsequent
purchaser shall pay to the commission as reimbursement the full amount of delinquent
assessments due upon such land.
C. The contract or other document of sale shall also require that if the purchaser
defaults upon any term or condition of the sale and does not remedy the default within
six months, the irrigation district may perform or remedy the default of the
purchaser. When the irrigation district cures the default in the terms of sale, the
interest of the purchaser shall be cancelled and his interest in such land shall be
transferred to the irrigation district subject to the contract of sale.
D. Nothing in this section shall be construed as creating any lien upon state lands
or against the interest of the state therein, or as creating any obligation of the state
to pay any charges, assessments or debts incurred by any districts other than those
described in this section.
17-243 Sale of surplus products of federal aid projects; disposition of proceeds
The commission may sell surplus products of federal aid wildlife projects. The
proceeds of such sale shall be placed in a special game and fish fund to be known as the
federal aid wildlife projects maintenance fund and may be used by the commission for
maintenance of federal aid projects wherever located in the state.
17-244 Bulletin; refuge signboards; posted lands
A. A hunting and fishing bulletin shall be available through all license dealers
and at such places as the commission may designate.
B. Notices or signboards shall be of a size not less than eight by eleven inches
and as many of the notices or signboards shall be posted as the commission determines
necessary to give public notice of the location of the boundaries of the closed
area. The notices or signboards shall be removed immediately upon the reopening of such
closed area.
17-245 Game management units or refuges; establishment
In the establishment of game management units or refuges the commission shall
describe such areas by commission order and shall record copies of the order with the
county recorder of the county or counties in which such area is located. One copy of
each order shall be kept on file in the Phoenix office of the commission.
17-246 Ground leases; installment purchase of facilities
A. In this section and section 17-247, "game and fish facilities" has the same
meaning as prescribed in section 17-281.
B. For the purpose of acquiring and financing game and fish facilities and with the
approval of the joint legislative budget committee the commission may:
1. Enter into leases, as lessor, of land held by the department or the commission,
including land held in fee, in the name of this state, by institutional lease from the
state land department or by permit from the federal government, if a game and fish
facility is to be built, renovated or improved on the land and sold to the department
under an installment purchase agreement.
2. Enter into installment purchase agreements pursuant to section 17-247 for the
purpose of acquiring a game and fish facility.
3. Contract that any game and fish facility to be purchased is deemed to be
personal property notwithstanding the fact that the facility is permanently attached to
the land.
17-247 Terms of agreements
Installment purchase agreements entered into under section 17-246:
1. Shall include an interest component in the payments to be made pursuant to the
agreement.
2. May provide for annual, monthly or other payment periods.
3. May provide that payments be made in advance, at the start of each payment
period.
4. May provide for the inception of payments before the construction, renovation or
improvement of the game and fish facility being acquired.
5. May permit the sale of certificates of participation or other representations of
interest in some or all of the seller's rights under the installment purchase agreement
and the assignment of some or all of the seller's rights under the installment purchase
agreement to a trustee on behalf of the seller and the holders of the certificates or
other representations of interests. The agreements and the certificates or other
representations of interest, their transfer and the income from them are free from
taxation in this state and are exempt from title 44, chapter 12.
6. Shall provide that all right, title and interest in and to the game and fish
facility purchased vest in this state or the department when full payment has been made
and all other conditions in the agreement have been complied with.
7. Shall provide that the commission shall operate and maintain the game and fish
facility during the life of the installment purchase agreement.
8. May provide either that the seller shall construct, renovate or improve the game
and fish facility and turn over the completed facility to the commission or that the
commission enter into and administer the construction, renovation or improvement of the
facility as the seller's agent. If the commission acts as the seller's agent, the seller
shall deliver to a fiscal agent agreed on by the seller and the commission monies in an
amount reasonably expected to be sufficient to pay for the construction, renovation or
improvement of the facility to be acquired. The monies advanced shall be held in trust
until they are expended for construction, renovation or improvement of the facility. On
completion of the facility, any excess monies shall be returned to the seller. If the
commission acts as the agent for construction, renovation or improvement, all contracts
regarding construction shall be awarded and administered pursuant to title 34, chapters 2
and 3.
9. May provide that on an event of default, which is not cured as provided in the
installment purchase agreement, the commission shall vacate the game and fish facility
which is the subject of the installment purchase agreement. The superior court has
jurisdiction to enforce this provision by an appropriate injunction and other relief.
10. May contain such other terms, covenants and conditions as the commission
prescribes.
11. May be for any term not to exceed thirty years. The installment purchase
agreement is not an obligation of this state, the commission or the department in any
fiscal year, except to the extent that monies for payment on the installment purchase
agreement have been appropriated by the legislature and allocated for payment on the
installment purchase agreement by the department for that fiscal year and the commission
has executed an annual renewal of the installment purchase agreement for that fiscal
year. On appropriation, allocation and annual renewal, the installment purchase
agreement is a binding contract of the department in full force and effect for that
fiscal year.
17-248 Certification of installment purchase agreements by the attorney general
A. The commission shall submit to the attorney general any initial installment
purchase agreement after all actions for the authorization of the installment purchase
agreement have been taken by the commission and the department. The attorney general
shall examine into and pass upon the validity of the initial installment purchase
agreement submitted and the regularity of all proceedings in connection with the
installment purchase agreement. If the attorney general determines that the proceedings
conform to the provisions of this article and that the installment purchase agreement,
when executed and delivered, will constitute a binding and legal obligation of the
commission according to its terms and subject to the limitations of section 17-247,
paragraph 11, the attorney general shall certify on the installment purchase agreement
that it is issued in accordance with the constitution and laws of this state.
B. The commission may submit to the attorney general any subsequent installment
purchase agreement after all actions for the authorization of the installment purchase
agreement have been taken by the commission and the department if the terms of the
installment purchase agreement are substantially the same as the terms of the initial
installment purchase agreement reviewed pursuant to subsection A of this section. The
attorney general shall examine into and pass on the validity of any installment purchase
agreement submitted and the regularity of all proceedings in connection with the
installment purchase agreement. If the attorney general determines that the proceedings
conform to the provisions of this article and that the installment purchase agreement,
when executed and delivered, will constitute a binding and legal obligation of the
commission according to its terms and subject to the limitations of section 17-247,
paragraph 11, the attorney general shall certify on the installment purchase agreement
that it is issued in accordance with the constitution and laws of this state.
17-249 Inmate labor
The commission may contract with the state department of corrections or ARCOR
enterprises for the use of inmate labor, including juveniles, in constructing, operating
or maintaining game and fish facilities.
17-250 Wildlife diseases; order of director; violation; classification; rule making exemption
A. If a wildlife disease is suspected or documented in freeranging or captive
wildlife, the director may issue orders that are necessary to minimize or eliminate the
threat from the disease. The director may also order or direct an employee of the
department to:
1. After notification of and in coordination with the state veterinarian, establish
quarantines and the boundary of the quarantine.
2. Destroy wildlife as necessary to prevent the spread of any infectious,
contagious or communicable disease.
3. Control the movement of wildlife, wildlife carcasses or wildlife parts that may
be directly related to spreading or disseminating diseases that pose a health threat to
animals or humans.
4. Require any individual who has taken wildlife, who is in possession of wildlife
or who maintains wildlife under a license issued by the department to submit the wildlife
or parts for disease testing.
B. On finding there is reason to believe an infectious, contagious or communicable
disease is present, the director may require an employee of the department to enter any
place where wildlife may be located and take custody of the wildlife for purposes of
disease testing. If search warrants are required by law, the director shall apply for and
obtain warrants for entry to carry out the requirements of this subsection.
C. A person who violates any lawful order issued under this section is guilty of a
class 2 misdemeanor.
D. An order issued under this section is exempt from title 41, chapter 6, article
3, except that the director shall promptly file a copy of the order with the secretary of
state for publication in the ARIZONA administrative register pursuant to section 41-1013.
17-261.01 Game and fish revolving fund
A. Notwithstanding the provisions of section 35-193, there is established a
permanent game and fish revolving fund in an amount not to exceed thirty thousand dollars
for use in making cash outlays for postage, C.O.D. packages, travel or other minor
disbursements which are proper as ultimate claims for payment from the game and fish
fund. The director of the department of administration shall prescribe rules and
regulations for expenditures from this fund and reimbursement to the fund.
B. The game and fish permanent revolving fund shall be established as a separate
account on the books of the game and fish department and a full accounting of its use
shall be made to the director of the department of administration annually or as required
by the director of the department of administration.
C. All monies deposited in the game and fish revolving fund are appropriated to the
game and fish department for use as provided in this section and are exempt from the
provisions of section 35-190, relating to lapsing of appropriations.
17-261 Game and fish fund
On or before the fifth day of each month the department shall deposit, pursuant to
sections 35-146 and 35-147, the money received from licenses or from any other source
under this title in a special fund known as the game and fish fund which is set aside,
appropriated and made available to the commission in carrying out the provisions of this
title, and such funds shall be used for no other purpose. Expenditures of such funds
shall be under control of the budget laws of the state and no money shall be expended
from such funds except:
1. By the annual budget and to match federal grants for wildlife restoration as
provided for by the legislature.
2. For emergency purposes not to exceed twenty-five thousand dollars in any one
fiscal year when authorized by the governor and the department of administration. 17-262 Investment of surplus funds; earned interest
A. When the commission is of the opinion that the actual amount of funds held by
the commission is in excess of the amount necessary to meet the immediate demands, the
commission may authorize the investment of such funds, unless prohibited by federal and
state rules and regulations.
B. On notice from the commission, the state treasurer shall invest and divest
monies in the fund as provided by section 35-313, and monies earned from investment shall
be credited to the game and fish fund. 17-263 Membership dues
The department may expend monies for membership dues in organizations dealing
directly with fish and game management.
17-264 Budget appropriation
The legislature shall, in its general appropriation measure and in accordance with
the budget laws of the state, make an appropriation for the operation of the commission
and department, the appropriation to be payable from game and fish funds.
17-266 Construction by employees or force account
Notwithstanding sections 41-2535 and 41-2572, the commission may build, alter,
repair, improve or demolish a structure or other improvement by employees or force
account if the project cost does not exceed thirty-five thousand dollars. This exemption
does not apply to an office or residence building or to storage facilities for equipment
and supplies. In fiscal year 1986-1987, and each fiscal year thereafter, the maximum
project cost for which construction by employees or force account is authorized shall be
adjusted by the annual percentage change in the GDP price deflator as defined in section
41-563, subsection E.
17-267 Land and water conservation and recreation development fund
A. There is established a land and water conservation and recreation development
fund. The monies of such fund may be used by the commission to pay for recreation
benefits in connection with fish and wildlife restoration projects. The monies of such
fund may be used to match other funds available from the Pittman-Robertson federal aid in
wildlife restoration act in 50 Stat. 917, 16 U.S.C. 669-669j, the Dingell-Johnson federal
aid in fish restoration act in 64 Stat. 430, 16 U.S.C.A. 777-777k and the rules and
regulations pursuant thereto, land and water conservation fund act which is Public Law
88-578 of 1965 and rules and regulations pertaining thereto, the state lake improvement
fund, the state game and fish restoration fund or funds available from other federal,
state, county or municipal sources. The monies of such fund may also be used for
purchase of engineering services, land, rights of way, water rights or for construction
on a participating basis in such projects or to provide recreational facilities
appurtenant thereto.
B. The commission may review and recommend to the legislature in its annual budget
request, projects which will provide recreation benefits in connection with fish and
wildlife restoration projects.
C. All monies in the land and water conservation and recreation development fund
shall be subject to annual legislative appropriation.
17-268 Game, non-game, fish and endangered species fund
A. A game, non-game, fish and endangered species fund is established to be used by
the commission for game, non-game, fish and endangered species purposes. Monies in the
fund are subject to annual legislative appropriation pursuant to section 35-143.01.
B. Monies received by this state pursuant to section 43-615 shall be deposited,
pursuant to sections 35-146 and 35-147, in the fund.
C. On notice from the commission, the state treasurer shall invest and divest
monies in the fund as provided by section 35-313, and notwithstanding section 17-262,
monies earned from investment of the game, non-game, fish and endangered species fund
shall be credited to the fund. 17-269 Game and fish publications revolving fund
A game and fish publications revolving fund is established consisting of monies
received from the sale of publications pursuant to section 17-231, subsection B,
paragraph 9. The monies in the fund are appropriated to the department to produce and
distribute department publications and information. Monies in the game and fish
publications revolving fund that at any time are in excess of eighty thousand dollars
shall immediately revert to the game and fish fund. Monies in the game and fish
publications revolving fund up to an amount of eighty thousand dollars are exempt from
the provisions of section 35-190 relating to lapsing of appropriations.
17-270 Waterfowl conservation fund
A. A waterfowl conservation fund is established consisting of monies received from
selling waterfowl stamps and artwork pursuant to section 17-333.01 and from gifts, grants
and other contributions received for such purpose. Monies in the fund are subject to
appropriation under section 35-143.01 and may be expended by the commission for
developing migratory waterfowl habitat and associated research and management to increase
the number of migratory waterfowl in this state. The commission may expend the monies to
match contributions from any other source for such purposes. None of such monies may be
used for administrative salaries.
B. Notwithstanding section 17-262, interest earned from investing monies in the
waterfowl conservation fund shall be credited to the fund.
17-271 Wildlife endowment fund
A. A wildlife endowment fund is established to be used by the commission for
wildlife conservation and management purposes. The fund consists of:
1. Revenues from sales of lifetime hunting and fishing licenses as provided by
section 17-335.01.
2. Gifts, grants and contributions specifically designated for the fund.
3. Interest and investment income derived from monies in the fund as provided by
subsection C of this section.
B. Monies in the wildlife endowment fund are:
1. Subject to annual appropriation by the legislature pursuant to section
35-143.01.
2. Exempt from lapsing under section 35-190.
C. The commission shall administer the wildlife endowment fund. On notice from the
commission the state treasurer shall invest and divest monies in the wildlife endowment
fund as provided by section 35-313, and monies earned from investment shall be credited
to the fund. On July 1 of each year the department of administration shall transfer from
the wildlife endowment fund to the game and fish fund an amount equal to the interest and
investment income deposited in the wildlife endowment fund during the preceding fiscal
year. 17-272 Voluntary contributions in lieu of property taxes
A. If the commission purchases real property and if the property was subject to
taxation, or was exempt from taxation under section 42-11114 or 42-11115, at the time of
purchase, then, notwithstanding any other law, the commission may make voluntary
contributions of money to the state, the county, the municipality, school districts, a
community college district and any other special taxing district organized under title 48
in which the property is located. On or before April 1 of each year in which the
commission elects to make voluntary contributions under this section, the commission
shall notify the county assessor of the county in which the property is located of its
election to make a voluntary contribution pursuant to this section. Contributions under
this section:
1. May be made from the game, nongame, fish and endangered species fund, the
conservation development fund, the waterfowl conservation fund, the ARIZONA game and fish
commission heritage fund or any other source of monies available to and budgeted by the
commission, except that monies from the heritage fund may be used only with respect to
property acquired pursuant to section 17-298.
2. Are subject to legislative appropriation if legislative appropriation is
required for the particular source of monies.
B. The department shall consult with the assessor of the county in which the
property is located and determine the assessed valuation of the property and the amount
of the contribution under this section. Each year the contribution shall be computed
assuming classification as class two property pursuant to section 42-12002 and shall be
valued each year as agricultural land pursuant to section 42-13101. The assessed
valuation used to compute the contribution shall not be increased from one tax year to
the next tax year by more than two per cent.
C. The amount of the contribution shall be determined by applying the current
aggregate tax rate to the determined valuation.
D. The county treasurer shall collect and the commission shall pay the amount of
contribution under this section at the same time and in the same manner as ad valorem
property taxes are collected and paid.
E. The county treasurer shall distribute the monies received under this section to
the various taxing jurisdictions in which the property is located in the same manner as
property taxes are distributed.
F. This section does not apply to, and the commission shall not make contributions
with respect to, lands acquired for fish hatcheries, game farms, firing ranges, reservoir
sites, administrative sites or rights-of-way to fishing waters.
17-273 Firearms safety and ranges fund; uses; criteria
A. The firearms safety and ranges fund is established consisting of monies
transferred to the fund pursuant to section 42-5029, subsection D, paragraph 4,
subdivision (e) and revenues derived from the sale or lease of real property owned by the
commission and acquired for or used for the purpose of providing public shooting ranges.
The ARIZONA game and fish commission shall administer the fund which is continuously
appropriated. Monies in the fund are exempt from the provisions of section 35-190
relating to lapsing of appropriations. Interest earned on monies in the fund shall be
credited to the fund.
B. The ARIZONA game and fish commission shall use monies in the fund on shooting
ranges open to the public and operated by government or nonprofit entities for the
following purposes:
1. Shooting range engineering and studies.
2. Noise abatement.
3. Safety enhancement.
4. Shooting range design.
5. New shooting range sites and construction.
6. Shooting range relocation.
7. Other projects that are necessary to operate and maintain a shooting range under
good practices and management.
C. The director of the ARIZONA game and fish department shall consult with the
state land commissioner to identify eligible state trust land suitable for the location
or relocation of shooting ranges.
D. The ARIZONA game and fish commission may accept and spend private grants, gifts
and contributions to assist in carrying out this section.
17-281 Definitions
In this article, unless the context otherwise requires:
1. "Bonds" means bonds issued by the commission pursuant to this article.
2. "Game and fish facilities purpose" means:
(a) Construction of game and fish facilities.
(b) Acquiring, converting, renovating or improving existing facilities for game and
fish facilities.
(c) Acquiring real property for game and fish facilities.
(d) Establishing reserves to secure payment of principal, interest and premiums due
on the bonds.
(e) Refunding any matured or unmatured bonds.
(f) Expenses of the commission incident to and reasonable and necessary to carry
out the purposes specified in this paragraph.
3. "Game and fish facility" means any real property, fixtures, furnishings and
equipment that the commission deems appropriate to carry out this title, including the
preservation or propagation of wildlife and the preservation or development of habitat.
4. "Resolution" means any resolution adopted by the commission and any trust
indenture or other agreement executed by the commission pursuant to a resolution.
17-282 Conservation development fund; purposes
A. The conservation development fund is established.
B. The fund shall be held and administered by a fiscal agent designated by the
commission pursuant to section 17-290.
C. Monies in the fund are not subject to the appropriation or budget laws of this
state and no action of the legislature is required for expenditure of monies from the
fund.
17-283 Issuance of bonds; negotiability; resolution; notice; tax exemption
A. The commission, with the approval of the joint legislative budget committee, may
issue bonds for game and fish facilities purposes. The bonds are payable solely from the
monies in the conservation development fund. The commission may pledge and assign all or
any portion of these monies necessary to secure payment of the bonds to a fiscal agent or
to a trustee in trust for the bondholders.
B. Bonds issued under this article are fully negotiable within the meaning and for
all purposes of title 44.
C. The commission may prescribe by resolution any of the following:
1. Whether the bonds are in one or more series.
2. The date of the bonds.
3. The place, medium, manner and time of payment for the bonds.
4. The maturity date of the bonds which shall not exceed forty years from the date
of the bond.
5. Any registration privileges.
6. The manner of execution and form of the bonds, either unregistered, registered
as to principal only or registered as to both principal and interest and either
certificated or uncertificated.
7. Whether the bonds are additionally secured by reserve or sinking funds which may
either be capitalized in whole or in part by bond proceeds or accumulated over the term
of the bonds from pledged revenues.
8. The denomination, interest rate, price and method of sale of the bonds. The
commission may provide for interest rates which change from time to time based on a
percentage of a recognized indicator of interest rates if a maximum and minimum rate of
interest is specified in the resolution.
9. The terms on and manner in which bonds are callable. The bonds may be refunded
by the issuance of refunding bonds either at or before maturity, but the issuance of
refunding bonds shall not be construed to advance the maturity or change stated call
dates of the bonds being refunded.
10. Any provisions necessary to secure the bonds and any terms, covenants or
conditions deemed necessary by the commission.
D. In conjunction with the issuance of bonds the commission may enhance the
security of the bonds by acquiring insurance covering the payment of debt service,
acquiring letters of credit or other credit facilities or entering into investment
agreements which provide for fixed yields on monies of the commission which may either be
received from bond proceeds or from the revenues pledged to the payment of debt
service. The commission may enter into an agreement to pay for insurance or letters of
credit which pledges bond proceeds or monies deposited in the conservation development
fund for the payments. The agreement shall not be effective for a term longer than the
final maturity of the bonds being secured, except for payment of fees due from the
commission.
E. The bonds, their transfer and the income from them are free from taxation in
this state.
17-284 Pledges; lien; personal liability; incontestability
A. Any pledge made pursuant to this article is valid and binding from the time the
pledge is made. Monies pledged and received by the commission or its fiscal agent for
deposit in the conservation development fund are immediately subject to the lien of the
pledge without any physical delivery or further act, and the lien of the pledge is valid
and binding against all parties with or without notice of the pledge who have claims of
any kind against the commission. The instrument by which the pledge is created is, when
placed in the records of the commission, notice to all persons of the creation of the
pledge and need not be recorded in any other place.
B. The members of the commission and any person executing a bond are not personally
liable for the payment of a bond.
C. After the sale and delivery of a bond it is incontestable by the commission and
is a legal and binding obligation of the commission notwithstanding any imperfection in
proceedings with respect to site selection, property acquisition, planning, construction,
operation or administration of or for any game and fish facility or any other action
taken by the commission not directly affecting the issuance of the bonds.
17-285 Bonds as legal investments; state nonliability
A. Bonds issued under this article are legal investments for all banks, trust
companies and insurance companies organized and operating under the laws of this state.
B. The bonds and interest on the bonds shall be paid solely according to their
terms and are not obligations general, special or otherwise of this state. The bonds do
not constitute a legal debt of this state and are not enforceable against this
state. The commission is not in any event liable for the payment of the principal of or
interest on the bonds from any source of revenues other than those pledged for the
payment of the bonds. The bonds shall not be construed to constitute an indebtedness of
the commission within the meaning of any constitutional or statutory provision.
17-286 Certification of bonds by attorney general
A. The commission shall submit to the attorney general any initial bond to be
offered after all actions for the authorization of the bond have been taken by the
commission. The attorney general shall examine into and pass upon the validity of any
bond submitted and the regularity of all proceedings in connection with the bond. If the
attorney general determines that the proceedings conform to the provisions of this
article and that the bond, when delivered and paid for, will constitute a binding and
legal obligation of the commission, the attorney general shall certify on the bond or any
certificate used to indicate ownership that the bond is issued in accordance with the
constitution and laws of this state.
B. The commission may submit to the attorney general any subsequent bond to be
offered after all actions for the authorization of the bond have been taken by the
commission if the terms of the bond are substantially the same as the terms of the
initial bond reviewed pursuant to subsection A of this section. The attorney general
shall examine into and pass on the validity of any bond submitted and the regularity of
all proceedings in connection with the bond. If the attorney general determines that the
proceedings conform to the provisions of this article and that the bond, when delivered
and paid for, will constitute a binding and legal obligation of the commission, the
attorney general shall certify on the bond or any certificate used to indicate ownership
that the bond is issued in accordance with the constitution and laws of this state.
17-287 Impairment of bondholder rights; prohibition; inclusion in resolutions and indentures
A. This state shall not limit or alter the rights vested in the commission to
collect the surcharges necessary to produce sufficient revenue to fulfill the terms of
any agreement made with the bondholders or in any way impair the rights and remedies of
bondholders until the terms of all bonds and the costs in connection with any action
enforcing the terms of the bonds are fully met and discharged.
B. The commission as agent of this state may include in its resolutions and
indentures securing bonds an agreement to abide by the provisions of subsection A.
17-288 Distributions from the conservation development fund
A. Not later than the first day of each month, the fiscal agent shall distribute
from the conservation development fund to the appropriate bond payment funds and accounts
such monies as are necessary to pay when due the principal of, interest on and any
premium on all outstanding bonds. The time, method, amounts, priority and appropriate
fund of these distributions shall be as provided in the resolution authorizing the
issuance of the bonds and the agreement with the bondholders.
B. If the monies in all the funds and accounts are sufficient to pay when due all
principal coming due on outstanding bonds during the ensuing twelve months and all other
amounts coming due on outstanding bonds during the ensuing six months, the fiscal agent
shall distribute any excess monies in the conservation development fund to the capital
improvement fund.
17-289 Bond proceeds fund; investment
A. The proceeds received from the sale and delivery of bonds after deducting the
necessary costs and expenses of the issuance and sale of the bonds shall be deposited
with the trustee designated by the commission pursuant to section 17-290 to be placed in
a bond proceeds fund, which shall be established for each series or issue of bonds. The
bond proceeds fund shall be separate and apart from all other funds, except that the
trustee shall first apply those amounts of the bond proceeds set forth in the resolution
issuing the bonds or notes to all reserve and sinking funds if required by the bond
resolution. Monies in the bond proceeds fund may be spent for any game and fish
facilities purpose consistent with the resolution authorizing the bonds.
B. On order of the commission, all monies in a bond proceeds fund shall be invested
by the trustee for the series or issue of bonds in obligations issued or guaranteed by
the United States or any of the senior debt of its agencies, sponsored agencies,
corporations, sponsored corporations or instrumentalities or any investments authorized
by any other agencies of the United States government which are now authorized for use to
secure public deposits or state, county or municipal bonds issued in this state on which
the payments of interest have not been deferred. The order directing the trustee to
invest the monies shall set forth the specified time when the proceeds from the sale of
the bonds shall be used for the purposes directed in the bond resolution, and the trustee
shall invest the proceeds from the sale of the bonds, in the securities described in this
subsection. If authorized by the commission, the trustee may purchase any of these
securities which mature on a date after the date specified in the order if the trustee
obtains a commitment to repurchase the securities on the date specified in the order from
a bank or financial institution. The trustee shall exercise reasonable care in choosing
the bank or financial institution repurchasing the securities.
C. The separate game and fish bond proceeds funds for different series of bonds may
be held by different trustees designated pursuant to section 17-290.
D. If the revenues pledged to secure the bonds or any series of the bonds ever
become insufficient to pay the annual principal and interest on the bonds, the commission
shall direct the liquidation of the securities remaining in the respective bond proceeds
fund and order the trustee to use the proceeds of the liquidation to make current all
payments then due on the bonds.
17-290 Designation of fiscal agent and trustees; monies of the authority; fees
A. The commission shall designate a fiscal agent to receive and administer on
behalf of the commission all monies to be paid into the conservation development fund,
trustees to receive and administer on behalf of the commission all monies to be paid into
the bond proceeds funds, a trustee to receive and administer on behalf of the commission
all monies to be paid into the funds and accounts established by resolutions and a fiscal
agent to receive and administer on behalf of the commission all monies to be paid into
the capital improvement fund.
B. The designations in subsection A shall be made from banks or trust companies
authorized to do business in this state. A single bank or trust company may act in more
than one of the capacities described in this section.
C. Monies derived from the sale of bonds or pledged to the payment of these bonds
shall not be paid into the state treasury but shall be deposited by the commission's
treasurer or other fiscal officer, fiscal agent or trustee designated pursuant to this
section in a separate bank account designated by the commission. All deposits of these
monies shall be secured by obligations of the United States of America, of a market value
equal at all times to the amount of the deposit, and all banks and trust companies may
give such security. The monies shall be held for and on behalf of the commission and the
holders of any bonds. These monies shall be disbursed as directed by the commission and
according to the terms of any agreements with the holder of any bonds. This section
shall not be construed as limiting the power of the commission to agree in connection
with the issuance of any of its bonds as to the custody and disposition of the monies
received from the sale of the bonds or the income and revenue pledged and assigned to or
interest for the benefit of the holder of the bonds.
D. The fees and expenses of the fiscal agent and trustees designated pursuant to
this section shall be paid from the conservation development fund or the bond proceeds
fund as directed by the commission.
17-291 Additional bonds
After the original issuance of bonds, the commission, with the approval of the joint
legislative budget committee, may issue additional bonds. Additional bonds may be issued
on a parity with one or more outstanding issues on such terms and conditions as the
commission prescribes by resolution.
17-292 Capital improvement fund
A. The capital improvement fund is established and shall be held and administered
by a fiscal agent designated by the commission pursuant to section 17-290.
B. Monies in the capital improvement fund may be expended by the department,
subject to legislative appropriation for:
1. Constructing game and fish facilities.
2. Acquiring, converting, renovating or improving existing facilities for game and
fish facilities.
3. Acquiring real property for game and fish facilities.
4. Expenses of the commission incident to and reasonable and necessary to carry out
the purposes of this subsection.
C. If at any time the monies in the conservation development fund are insufficient
or the commission reasonably expects these monies to become insufficient for the
distributions required in section 17-288, monies in the capital improvement fund not
otherwise committed shall be transferred by the fiscal agent to the conservation
development fund until the monies in the conservation development fund are sufficient to
make the required distributions when due.
17-293 Unlawful interest in real property by commission member; violation; classification
A. A member of the commission shall not have any direct or indirect financial
interest in any real property purchased with monies made available by the issuance of
bonds.
B. A person who violates subsection A is guilty of a class 2 misdemeanor.
17-294 Annual audit of funds
A. The commission shall cause an annual audit to be made of the conservation
development fund, capital improvement fund and any bond proceeds, sinking, reserve or
other operation fund established pursuant to this article. The audit shall be made by a
certified public accountant within thirty days after the close of the fiscal year, and a
certified copy of the audit shall be filed with the auditor general.
B. The auditor general may, if he deems it advisable, make such further audits and
examinations as he deems necessary and take appropriate action in relation thereto as
provided by title 41, chapter 7, article 10.1. Unless the auditor general takes official
action within thirty days after filing of the audit, the audit shall be deemed
sufficient.
C. The fees and expenses, if any, of the certified public accountant and of the
auditor general for audits and examinations pursuant to this section shall be paid from
the conservation development fund or the bond proceeds fund as directed by the
commission.
17-295 Limitation on bonding
A. The aggregate amount of bonds that may be issued pursuant to this article shall
be determined by the joint committee on capital review but shall not exceed seven million
five hundred thousand dollars. The limit determined by the joint committee on capital
review shall not be less than the amount issued prior to the date such limit is
determined.
B. The limitations of this section shall not apply to bonds issued to refund bonds
lawfully issued under this article.
17-296 Definitions
In this article:
1. "Public access" means providing entry to publicly held lands for recreational
use where such entry is consistent with the provisions establishing those lands.
2. "Sensitive habitat" means the specific areas within the geographical area
historically or currently occupied by a species or community of species in which are
found those physical or biological features essential to the establishment or continued
existence of the species and which may require special management, conservation or
protection considerations.
3. "Endangered species" means a species or subspecies of native ARIZONA wildlife
whose population has been reduced due to any cause whatsoever to such levels that it is
in imminent danger of elimination from its range in ARIZONA, or has been eliminated from
its range in ARIZONA.
4. "Threatened species" means a species or subspecies of native ARIZONA wildlife
that, although not presently in imminent danger of being eliminated from its range in
ARIZONA, is likely to become an endangered species in the foreseeable future.
5. "Candidate species" means a species or subspecies of native ARIZONA wildlife for
which habitat or population threats are known or suspected but for which substantial
population declines from historic levels have not been documented.
6. "Urban wildlife" means the wildlife that occurs within the limits of an
incorporated area or in close proximity to an urban area that receives significant impact
from human use.
7. "Environmental education" means educational programs dealing with basic
ecological principles and the effects of natural and man related processes on natural and
urban systems and programs to enhance public awareness of the importance of safeguarding
natural resources.
8. "Habitat evaluation" means the assessment of the status, condition and
ecological value of habitat and subsequent recommendations of management, conservation or
other protection measures, or mitigation measures, including but not limited to,
recommendation of reasonable alternatives for the proposed projects that might otherwise
affect the habitat under assessment.
9. "Habitat protection" means the process of protecting the quality, diversity,
abundance, and serviceability of habitats for the purposes of maintaining or recovering
populations of ARIZONA wildlife.
17-297 ARIZONA game and fish commission heritage fund
A. The ARIZONA game and fish commission heritage fund is established consisting of
monies deposited from the state lottery fund pursuant to section 5-522 and interest
earned on those monies.
B. The fund shall be administered by the ARIZONA game and fish commission and is
not subject to appropriation and expenditures from the fund are not subject to outside
approval notwithstanding any provision of section 17-241 or 17-261 or any other statutory
provision to the contrary. Monies received pursuant to section 5-522 shall be deposited
directly with the ARIZONA game and fish commission heritage fund. On notice from the
ARIZONA state game and fish commission, the state treasurer shall invest and divest
monies in the fund as provided by section 35-313, and monies earned from investment shall
be credited to the fund.
C. All monies in the ARIZONA game and fish commission heritage fund shall be spent
by the ARIZONA game and fish commission only for the purposes and in the percentages set
forth in this article. In no event shall any monies in the fund revert to the state
general fund and monies in the fund are exempt from the provisions of section 35-190
relating to lapsing of appropriations.
D. The commission shall not use its rights of eminent domain to acquire property to
be paid for with money from the ARIZONA game and fish commission heritage fund. 17-298.01 Decennial performance audit
Beginning in 2001 and every tenth succeeding year thereafter, the auditor general
shall conduct a performance audit, as defined in section 41-1278, of the programs and
expenditures of the ARIZONA game and fish commission heritage fund pursuant to this
article. The auditor general shall submit copies of the performance audit to the
president of the senate, the speaker of the house of representatives and the chairmen of
the senate and house of representatives committees on natural resources and agriculture,
or their successor committees.
17-298 Expenditures from fund; purpose and amounts; annual report
A. Five per cent of the monies received pursuant to section 5-522 shall be spent on
public access, including maintenance and operation expenses.
B. Sixty per cent of the monies received pursuant to section 5-522 shall be spent
on the identification, inventory, acquisition, protection and management, including
maintenance and operations, of sensitive habitat. At least forty per cent of the monies
available under this subsection shall be spent on the acquisition of sensitive habitat
utilized by endangered, threatened and candidate species. The commission may dispose of
any lands acquired for use as habitat by an endangered, threatened or candidate species
under this subsection when the species no longer qualifies as an endangered, threatened
or candidate species. The ARIZONA game and fish commission shall dispose of the land in
a manner consistent with the preservation of the species of concern. The disposal may
include conservation easements and fee simple transfers with associated instruments of
protection. The commission shall follow the guidelines established pursuant to section
37-803 relating to the disposition of real property by a state agency. In addition,
disposal shall include a written agreement between the commission and the purchaser
requiring the purchaser to incorporate management actions to ensure proper maintenance of
the species of concern. Management actions may include maintenance of habitat, selective
control of nonnative species, maintenance of genetic viability, monitoring of populations
and habitat, coordinating conservation activities, funding conservation actions and
assessing conservation progress.
C. Fifteen per cent of the monies received pursuant to section 5-522 shall be spent
on habitat evaluation or habitat protection.
D. Fifteen per cent of the monies received pursuant to section 5-522 shall be spent
on urban wildlife and urban wildlife habitat programs.
E. Five per cent of the monies received pursuant to section 5-522 shall be spent on
environmental education.
F. All monies earned as interest on monies received pursuant to section 5-522 shall
be spent only in the percentages and for the purposes described in subsections A through
E of this section or for costs of administering the ARIZONA game and fish commission
heritage fund in such amounts as determined by the ARIZONA game and fish commission.
G. On or before December 31 each year the commission shall submit its annual report
to the president of the senate, the speaker of the house of representatives and the
chairmen of the senate and house of representatives committees on natural resources and
agriculture, or their successor committees. The annual report shall include information
on:
1. The amount of monies spent or encumbered in the fund during the preceding fiscal
year and a summary of the projects, activities and expenditures relating to:
(a) Property acquisition.
(b) Identification, inventory, protection and management of sensitive habitat.
(c) Habitat evaluation and protection.
(d) Urban wildlife.
(e) Environmental education.
(f) Public access.
2. The number and location of parcels of property acquired during the preceding
fiscal year.
3. For personal and real properties acquired with fund monies during the preceding
fiscal year, the amount of property tax revenue paid to each taxing jurisdiction during
the last full tax year prior to acquisition.
4. The amount of money spent from the fund during the preceding fiscal year for
employee personal services.
5. The number of full-time employees employed in the preceding fiscal year in
connection with property acquisition, including survey, appraisal and other related
activities.
6. The total number of full-time employees employed in the preceding fiscal year
for the programs listed in subsections A through E of this section.
7. A list of the grants awarded during the preceding fiscal year including
information on the recipients, purposes and amounts.
17-299 ARIZONA wildlife conservation fund
(Caution: 1998 Prop. 105 applies)
A. The ARIZONA wildlife conservation fund is established consisting of monies
deposited pursuant to section 5-601.02(H)(3)(b)(iii) and interest earned on those monies.
The ARIZONA state game and fish commission shall administer the fund. The fund is not
subject to appropriation, and expenditures from the fund are not subject to outside
approval notwithstanding any provision of sections 17-241 or 17-261 or any other
statutory provisions to the contrary.
B. Monies received pursuant to section 5-601.02 shall be deposited directly with
the ARIZONA wildlife conservation fund. On notice from the ARIZONA state game and fish
commission, the state treasurer shall invest and divest monies in the fund as provided by
section 35-313, and monies earned from investment shall be credited to the fund. No
monies in the ARIZONA wildlife conservation fund shall revert to or be deposited in any
other fund, including the state general fund. Monies in the ARIZONA wildlife conservation
fund are exempt from the provisions of section 35-190 relating to the lapsing of
appropriations. Monies provided from the ARIZONA wildlife conservation fund shall
supplement, not supplant, existing monies.
C. All monies in the ARIZONA wildlife conservation fund shall be spent by the
ARIZONA state game and fish commission to conserve, enhance, and restore ARIZONA's
diverse wildlife resources and habitats for present and future generations, and which may
include the acquisition of real property. The commission may grant monies to any agency
of the state or any political subdivision, Indian tribe, or non-profit organization
exempt from federal income taxation under section 501(c) of the internal revenue code for
the purpose of conservation of wildlife or wildlife habitat or acquisition of real
property or interest in real property that is wildlife habitat. A grant of money under
this subsection to a nonprofit organization is conditioned on the organization providing
reasonable public access to any land that is wholly or partly purchased with that money.
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