Notices of Final Rulemaking NOTICES OF FINAL RULEMAKING This section of the Arizona Administrative Register text of the rules as filed by the agency. Economic Impact contains Notices of Final Rulemaking. Final rules have Statements are not published. been through the regular rulemaking process as defined in The Office of the Secretary of State is the filing office and the Administrative Procedures Act. These rules were publisher of these rules. Questions about the interpretation either approved by the Governor’s Regulatory Review of the final rules should be addressed to the agency that Council or the Attorney General’s Office. Certificates of promulgated them. Refer to Item #5 to contact the person Approval are on file with the Office. charged with the rulemaking. The codified version of these The final published notice includes a preamble and rules will be published in the Arizona Administrative Code. NOTICE OF FINAL RULEMAKING TITLE 12. NATURAL RESOURCES CHAPTER 4. GAME AND FISH COMMISSION [R15-155] PREAMBLE 1. Article, Part, or Section Affected (as applicable) Rulemaking Action R12-4-401 Amend R12-4-402 Amend R12-4-403 Amend R12-4-404 Amend R12-4-405 Amend R12-4-406 Amend R12-4-407 Amend R12-4-408 Amend R12-4-409 Amend R12-4-410 Amend R12-4-411 Amend R12-4-412 Amend R12-4-413 Amend R12-4-414 Amend R12-4-415 Repeal R12-4-416 Repeal R12-4-417 Amend R12-4-418 Amend R12-4-419 Repeal R12-4-420 Amend R12-4-421 Amend R12-4-422 Amend R12-4-423 Amend R12-4-424 Amend R12-4-425 Amend R12-4-426 Amend R12-4-427 Amend R12-4-428 Amend R12-4-430 Amend 2. Citations to the agency’s statutory authority to include the authorizing statute (general) and the implementing statute (specific): Authorizing statute: A.R.S. § 17-231(A)(1) Implementing statute: A.R.S. §§ 3-1205, 17-102, 17-231(A)(2), 17-231(A)(3), 17-231(B)(8), 17-234, 17-235, 17-236(B), 17- 238, 17-239(D), 17-240, 17-250, 17-255, 17-255.02, 17-306, 17-307(C), 17-314, 17-317, 17-331, 17-333, 17-371(D), and 41- 1005 3. The effective date of the rules: a. If the agency selected a date earlier than the 60 days effective date as specified in A.R.S. § 41-1032(A), include the earlier date and state the reason or reasons the agency selected the earlier effective date as provided in A.R.S. § 41-1032(A)(1) through (5): Not applicable b. If the agency selected a date later than the 60 days effective date as specified in A.R.S. § 41-1032(A), include the later date November 20, 2015 | Published by the Arizona Secretary of State | Vo l . 2 1 , I s s ue 47 2813 Notices of Final Rulemaking and state the reason or reasons the agency selected the earlier effective date as provided in A.R.S. § 41-1032(A)(B): Not applicable 4. Citations to all related notices published in the Register as specified in R1-1-409(A) that pertain to the record of the proposed rule: Notice of Rulemaking Docket Opening: 20 A.A.R. 2396, August 29, 2014 Notice of Proposed Rulemaking: 20 A.A.R. 2293, August 29, 2014 5. The agency’s contact person who can answer questions about the rulemaking: Name: Celeste Cook, Rules Analyst Address: Arizona Game and Fish Department 5000 W. Carefree Hwy Phoenix, AZ 85086 Telephone: (623) 236-7390 Fax: (634) 236-7677 E-mail: [email protected] Please visit the AZGFD web site to track progress of this rule and any other agency rulemaking matters at http://www.azgfd.gov/ inside_azgfd/rules/rulemaking_updates.shtml. 6. An agency’s justification and reason why the rule should be made, amended, repealed, or renumbered, to include an explanation about the rulemaking: An exemption from Executive Order 2015-01 was provided for this rulemaking by Ted Vogt, Chief of Operations in the Gover- nor’s office, in an e-mail dated August 5, 2015. The Arizona Game and Fish Commission proposes to amend its Article 4 rules, governing live wildlife, to enact amendments developed during the preceding Five-year Review. After evaluating the scope and effectiveness of the proposed amendments specified in the review, the Commission proposes additional amendments to further implement original proposals. The Commission’s rules protect native wildlife in many ways, including preventing the spread of disease, reducing the risk of released animals competing with native wildlife, discouraging illegal trade of native wildlife, and preventing interactions between humans and wildlife that may threaten public health or safety. In addition to the amendments made to ensure consistency between Commission rules and conformity with the Arizona Admin- istrative Procedure Act and the Secretary of State’s rulemaking format and style requirements and standards, the Commission proposes to amend Article 4. Live Wildlife rules as follows: For R12-4-401 Live Wildlife Definitions, the objective of the rule is to establish definitions that assist persons in understanding the unique terms that are used throughout Article 4. The rule is amended to establish definitions for terms that are not self-defin- ing or differ from the common-use definition. The term “adoption” is defined to clarify the Commission's intent regarding when the public is required to have a special license to possess wildlife. The term “aversion training” is defined to clarify that a person may use reptiles or amphibians to teach dogs how to avoid them in the wild for the purpose of “snake/frog breaking” dogs. Dog owners and persons who provide the training believe the training helps to keep them and their pets safe, especially when recreat- ing in suburban fringes and backcountry. The term “educational institution” is defined to clarify the intent of R12-4-417 as it applies to educational displays. The rule was amended to incorporate the October 1, 2013 version of 50 C.F.R. 17.11 and Octo- ber 1, 2014 version of 50 C.F.R. 10.13. The term “noncommercial purpose” is defined as this is not a self-defining term and is necessary to assist in understanding rules within Article 4 and replaces references to “personal use,” which is an ambiguous term. The term “nonhuman primate” is defined as this is not a self-defining term and is necessary to assist in understanding amendments made to R12-4-406 and R12-4-426. The term “person” is defined to clarify the extent of the regulated community. The term “captive-reared” is defined to assist in understanding R12-4-413 and R12-4-414. The term “species of greatest conser- vation need” is defined and replaces the definition for “wildlife of special concern” to incorporate the federally-approved Ari- zona’s State Wildlife Action Plan, which provides a list of species of greatest conservation need. The term “unique identifier” is defined to provide examples of acceptable permanent identifiers. The term “USFWS” (United States Fish and Wildlife Service) is defined to make the Article more concise. The terms “health certificate,” “migratory birds,” “taxa,” “volunteer,” “wildlife dis- ease,” and “zoo” are defined as these is not a self-defining terms and are necessary to assist in understanding rules within Article 4. The rule is also amended to clarify some definitions. The definition of “agent” is amended to clarify the term has the same meaning as “sublicensee” and “subpermittee” which is used in federal permitting language. This amendment is made to address those instances when a federal permit and a special license are required. The definition of “cervid” is amended to reference the Integrated Taxonomic Information System, a nationally recognized taxonomic reference that is easily accessible to the public. The definition of “endangered or threatened” is amended to insert the term “wildlife” and incorporate the most recent version of the Federal Endangered and Threatened Wildlife regulation. The definition of “live baitfish” is amended to reference R12-4-317, which establishes requirements for the lawful use of live baitfish. The definition of “zoonotic” is amended to clarify the term and assist in understanding rules within Article 4. In addition, the rule is amended to remove the definitions for “collect,” “native,” and “propagate,” as their meaning is addressed in rule language or the common-use definition is satisfactory. For R12-4-402 Live Wildlife; Unlawful Acts, the objective of the rule is to establish unlawful activities for persons taking and possessing live wildlife and the Department’s authority to take possession of wildlife for a violation of the rule. The rule is amended to allow the Department to euthanize lawfully possessed wildlife that poses a threat to public health, safety, or welfare, or wildlife populations to officially codify the Department's current process. The rule is also amended to enable the Department to recoup costs associated with the care, feeding, and housing of seized potentially dangerous wildlife. Owners of lawfully pos- sessed wildlife that pose a threat to public health, safety, or welfare, or wildlife populations will be held responsible for all costs associated with their temporary care. The amendment clarifies that, although all wildlife is held in the public trust, the State and 2814 Vol. 21, Issue 47 | Published by the Arizona Secretary of State | November 20, 2015 Notices of Final Rulemaking Department is not responsible for any costs incurred by the person possessing the wildlife. In addition, the rule is amended to establish the Department’s authority to euthanize wildlife acquired or seized by the Department in response to a violation of any requirement of the rule to provide additional clarity and that the Department will make a reasonable attempt to suitably place wildlife before making the decision to euthanize the animal.