Usa Arizona

USA Statutes : arizona
Title : Agriculture
3-2901 Definitions
In this chapter, unless the context otherwise requires:
1. "Aquaculture" or "aquaculture facility" means the controlled propagation, growth
and harvest of aquatic animals or plants, including fish, amphibians, shellfish,
mollusks, crustaceans, algae and vascular plants.
2. "Aquatic animal or plant" means a cultured aquatic wildlife or plant propagated
or maintained in an aquaculture facility for distribution or sale.
3. "Aquatic products" means aquatic animals and plants, or their by-products, that
are produced, grown, managed, harvested or marketed.
4. "Aquatic wildlife" means amphibians, fish, mollusks, crustaceans and soft
shelled turtles found in a state of nature.
5. "Associate director" means the associate director of the division.
6. "Container" means any restrictive enclosure used to contain aquatic products for
handling, packing or shipping.
7. "Division" means the animal services division of the ARIZONA department of
8. "Fee fishing" means removing aquatic animals by any harvesting method from a
privately controlled body of water as authorized by a direct or indirect payment of a
9. "Lot" means one or more consolidated containers identified as a single item or
10. "Owner" means the person in possession of and legally entitled to dispose of
aquatic products.
11. "Person" means an individual, partnership, corporation, group, company, society
or association.
12. "Processor" means a person who receives and cleans, reshapes or containerizes
live or dead aquatic animals or plants for distribution or resale.
13. "Propagate" means to breed or reproduce aquatic animals or plants or cause
aquatic animals or plants to breed or reproduce.
14. "Supervisor" means the supervisor of aquaculture or the supervisor's authorized
15. "Transporter" means a person that transports live aquatic animals or plants to
persons who are licensed to resell, process or stock aquatic animals or plants.

3-2902 Supervisor of aquaculture
The associate director, with the approval of the director, may employ a supervisor
of aquaculture. The supervisor shall:
1. Qualify by taking and filing the official oath of office.
2. Possess qualifications consistent with the responsibilities of his position,
(a) A baccalaureate degree in a field directly related to aquaculture, or the
equivalent practical experience.
(b) Supervisory experience in aquaculture or similar related fields.

3-2903 Regulatory powers of the director
The director may:
1. Regulate the transportation, possession, sale, processing and fee fishing of
aquatic animals and plants and establish licensing categories and programs for these
activities as provided by this article.
2. Adopt rules as necessary to administer and enforce this article, including rules
relating to:
(a) Container labels, bills of lading, bills of sale and similar documents that
identify contents, quality and quantities of aquatic products, including the names,
addresses and other identification of shippers, producers and buyers of aquatic products.
(b) Identification of aquatic animals that are transported whole by the consumer
from a fee fishing facility.
3. Cooperate with agencies of the United States and of this state to promote the
exchange of information and avoid unnecessary duplication of services and
regulation. The director shall ensure that the rules adopted under this article shall
not impair enforcement of restricted live wildlife rules as promulgated pursuant to title
4. Cooperate with agencies of the United States and this state and universities and
other academic and research institutions to promote research and the exchange of
information to support and promote the interests of aquaculture.
5. Establish programs to publicize and promote the development of the aquaculture
industry in this state.
6. Establish a schedule of fees to compensate for the expense of administering this
article, including personnel costs. The amount of each fee shall be set according to the
cost of the specific activity for which the fee is imposed.

3-2904 Quality and disease control
The director shall adopt rules and guidelines to control the quality of and diseases
in aquatic animals and plants. The rules may include:
1. Routine monitoring and diagnostic procedures.
2. Criteria for quarantine, condemnation or destruction requirements.
3. Waiting periods between diagnosis and destruction.
4. Methods of destruction and sanitation.
5. Procedures and standards for compensation.

3-2905 Inspections and certification of facilities
A. The department shall establish a schedule of periodic inspections of all
licensed facilities to determine and verify compliance with this article and the rules
adopted under this article. By applying for and obtaining a license under this article,
the licensee is deemed to consent to such periodic inspections. In addition, the
director or the director's authorized representative may enter private property at any
reasonable time to inspect, obtain factual data and otherwise ascertain compliance with
or violations of this article. Inspections shall be on reasonable notice to the owner or
manager of the facility unless reasonable grounds exist to believe that such notice would
impair the enforcement of this article. If required by law, the director shall obtain a
warrant for such unscheduled entry and inspection.
B. On request, and with payment of the prescribed fee, the department shall
physically inspect an aquatic animal facility for infectious diseases and causative
agents. The inspector shall be approved by the director. If the inspector determines
that the facility is free of restrictive infectious diseases and causative agents, the
inspector shall issue to the facility a certificate to that effect within ten days after
completing the inspection. The certificate is valid for one year from the date of the
C. On request and without charge the department shall provide a certificate that an
aquaculture facility has been inspected and certified free of restrictive diseases and
causative agents within the preceding twelve months. Each shipment or lot shall be
accompanied by a certificate identifying the shipment. This subsection does not apply to
the transportation of live baitfish for personal use that complies with applicable rules
of the game and fish commission. 3-2906 Seizure and quarantine; hearing
A. The department may seize, hold, quarantine or dispose of any lot of aquatic
products that enters, leaves or is transported in this state if the lot does not comply
with this article, rules adopted under this article or federal statutes or rules.
B. The owner of a lot of aquatic products that is seized, held or quarantined under
this section may request a hearing on the action pursuant to title 41, chapter 6, article
10. The hearing shall be held within ten days after receipt of the request. If evidence
produced at the hearing shows that the action was unreasonable, the lot shall be
immediately released. Except as provided in section 41-1092.08, subsection H, any person
who is adversely affected by the final administrative decision may seek judicial review
pursuant to title 12, chapter 7, article 6 in the county in which the lot is held.

3-2907 Licenses; fee; exemption
A. A person may not engage in any of the following activities relating to
aquaculture unless the person possesses a current valid license issued by the division:
1. Aquaculture facility activities, including selling, trading, displaying,
purchasing, exporting, possessing, propagating and rearing live aquatic animals or
2. Transporting live aquatic animals to persons who are licensed to resell, process
or stock aquatic animals.
3. Processing facility activities, including cleaning, reshaping or packing fresh
or frozen aquatic animals or plants for distribution or resale.
4. Operating a fee fishing facility that permits the public to remove aquatic
animals by any harvesting method from a privately controlled body of water as authorized
by the direct or indirect payment of a fee.
B. This chapter does not apply to state or federal game and fish agencies.
C. Each facility or transporter must be separately licensed with the division
including payment of the prescribed fee.
D. Each license issued under this section shall state the name and business address
of the licensee, the name and address of the person designated as the licensee's agent to
the division, the location of the premises for which it is issued, other than a
transporter, and any other information deemed necessary by the director.
E. A licensee may not transfer or convey the license to any other person or
entity. The license is valid only for the named licensee and for the particular premises
identified on the license. If there is a transfer or change in the ownership of a
licensee or the premises identified on the license, or a change in the licensee's agent,
the licensee shall notify the division within thirty days.
F. A license is valid for one year from the date prescribed by the associate
director. The license may be renewed by applying and paying the required renewal fee at
any time within thirty days before the license expires. If a license expires, it may be
renewed within ninety days after expiration by paying an additional prescribed fee
increment. A license that has been expired for more than ninety days may not be renewed.
G. An application for an original or renewal license under this section shall be
submitted to the division together with the appropriate fee on a form furnished by the
department. An applicant shall furnish any additional information that may be required.
H. Within thirty days after receiving the completed application, the division shall
either issue or deny the license. The division shall issue a license, in the name under
which the applicant proposes to conduct business, to an applicant that has satisfied the
licensing procedures and requirements of this article. If the applicant fails to meet
the requirements for an original or renewal license under this article, the associate
director shall notify the applicant by certified mail stating the reasons for the denial
and advising the applicant of the right to request a hearing pursuant to title 41,
chapter 6, article 10. The applicant must request the hearing in writing within thirty
days after the date the notice is mailed. The associate director shall schedule the
hearing to be held within thirty days after the request is received. If the record made
at the hearing discloses that the applicant meets the qualifications and other
requirements of this chapter, the hearing officer shall enter an order to that effect and
direct that the appropriate license be issued. If the applicant is found to be
unqualified or otherwise fails to meet the requirements of this article, the hearing
officer shall enter an order to that effect.
I. The application for an original or renewal license shall be accompanied by a
license fee set by the director according to the cost of administering this article, but
not less than one hundred dollars.
J. A person who sells aquatic products at retail is exempt from the requirements of
this section unless the person engages in any of the activities required to be licensed
under subsection A. 3-2908 Special licenses
A. The division may issue special aquaculture licenses for purposes of education
and research institutional needs pursuant to rules adopted by the director. Special
aquaculture licenses are not renewable and may be issued for not more than three year
B. The fee prescribed by the director for a special license shall not exceed one
hundred dollars.

3-2909 Protecting aquatic wildlife
The ARIZONA department of agriculture shall prescribe restrictions on supply water
and tailing water discharges from an aquaculture facility if the department or the game
and fish department determines that the waters are detrimental to aquatic wildlife.

3-2910 Unauthorized removal of aquatic animals or plants from aquaculture facility; classification
A person who removes aquatic animals or plants by any method from an aquaculture
facility without the consent of the owner or manager of the facility is guilty of a class
1 misdemeanor.

3-2911 Cease and desist orders; hearing; subpoena; injunctions; revocation or suspension of license; probation
A. If the associate director has reason to believe that a person is violating or
has violated a provision of or rule adopted under this article or the conditions of a
license issued under this article, the associate director shall give the person written
notice by certified mail that the person shall appear and show cause at a hearing
conducted pursuant to title 41, chapter 6, article 10 not less than thirty days after the
date of mailing the notice why the person should not be ordered to cease and desist from
the violation. The notice shall inform the person of the date, time and place of the
hearing and the consequences of failure to appear.
B. At the hearing the administrative law judge shall issue a decision and order.
The decision and order may take such form as the administrative law judge determines to
be reasonable and appropriate and shall include a determination of violation, a cease and
desist order or the recommendation of a civil penalty.
C. If the person continues the violation after the administrative law judge has
issued a final decision and order under subsection B, the associate director may apply
for a temporary restraining order or preliminary or permanent injunction from the
superior court according to the ARIZONA rules of civil procedure. A decision to seek
injunctive relief does not preclude other forms of relief or enforcement against the
D. In addition or as an alternative to seeking injunctive relief under subsection
C, if the associate director finds that a licensee has violated or failed to comply with
this article or a rule adopted under this article, the associate director may:
1. Suspend the license for a definite period of time.
2. Revoke the license.
3. Place the person whose license has been suspended on probation. If the
assistant director places the licensee on probation and allows the licensee to continue
to operate, that fact shall be entered into the records of the division relating to the
suspension and probation. 3-2912 Civil penalties
A. The director may assess a civil penalty in an amount not exceeding one hundred
dollars per day of violation against any person who is determined pursuant to section
3-2911 to be in violation of this article, the rules adopted pursuant to this article or
the terms and conditions of a license issued under this article.
B. The director shall bring any action to recover the penalties under this section
in the superior court in the county in which the violation occurred.
C. In determining the amount of the penalty, the court shall consider whether the
violation was knowing or wilful, the past conduct of the defendant, whether the defendant
should have been on notice of the violation, whether the defendant has taken steps to
cease, remove or mitigate the violation and any other relevant information.
D. All monies collected as civil penalties under this section shall be deposited,
pursuant to sections 35-146 and 35-147, in the state general fund. 3-2913 Aquaculture fund
A. The aquaculture fund is established consisting of revenues received from fees
and all other sources under this article except civil penalties under section
3-2912. The monies collected constitute a separate and permanent fund for the use of the
director in administering and enforcing this article.
B. The director shall administer the fund. On notice from the director, 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. Any monies remaining unexpended in the fund on June 30 each year shall be
carried forward to the following year and the director shall take that amount into
account in computing and setting fees under this article for that year.