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Arizona

Arizona Revised Statutes Annotated. Title 17. Game and Fish. Chapter 3. Taking and Handling of Wildlife. Article 1. General Regulations.

Statute Details
Printable Version
Citation: AZ ST 17-301 to 320

Citation: A. R. S. 17-301 to 320


Last Checked by Web Center Staff: 10/2013

Summary:   The following statutes comprise Arizona's wildlife code. Among the provisions include methods of taking wildlife, hunting restrictions, the state's hunter interference laws, and laws specific to mountain lions, bears, and jaguars.


Statute in Full:

 

§ 17-301. Times when wildlife may be taken; exceptions; methods of taking

§ 17-301.01. Protection from wildlife

§ 17-302. Taking of bear or mountain lion for protection of property; report

§ 17-303. Taking or driving wildlife from closed areas

§ 17-304. Prohibition by landowner upon hunting; posting; exception

§ 17-305.  Possession of other weapons while hunting; violation; classification

§ 17-306. Importation, transportation, release or possession of live wildlife

§ 17-307. Possession, storage, sale and gift of the carcass or parts thereof of wildlife

§ 17-308. Unlawful camping

§ 17-309. Violations; classification

§ 17-310. Agreement to appear in court

§ 17-311. Duty to report shooting accident resulting in injury or death; duty to give assistance; authority of officers

§ 17-312. Misuse of firearms

§ 17-313. Disposition of fines, forfeitures and penalties; reports

§ 17-314. Civil liability for illegally taking or wounding wildlife; recovery of damages

§ 17-315. Wildlife theft prevention fund; authorized expenditures

§ 17-316. Interference with rights of hunters; classification; civil action; exceptions

§ 17-317. Possession and containment of white amur; determination of closed aquatic system

§ 17-318. Disease assessment and treatment before importing wildlife and transporting big game

§ 17-319. Big game killed by motor vehicle; salvage permit; violation; classification

§ 17-320. Jaguar; protection; violation; classification; civil liability; exception

 

 

§ 17-301. Times when wildlife may be taken; exceptions; methods of taking

A. A person may take wildlife, except aquatic wildlife, only during daylight hours unless otherwise prescribed by the commission. A person shall not take any species of wildlife by the aid or with the use of a jacklight, other artificial light, or illegal device, except as provided by the commission.

B. A person shall not take wildlife, except aquatic wildlife, or discharge a firearm or shoot any other device from a motor vehicle, including an automobile, aircraft, train or powerboat, or from a sailboat, boat under sail, or a floating object towed by powerboat or sailboat except as expressly permitted by the commission. No person may knowingly discharge any firearm or shoot any other device upon, from, across or into a road or railway.

C. Fish may be taken only by angling unless otherwise provided by the commission. The line shall be constantly attended. In every case the hook, fly or lure shall be used in such manner that the fish voluntarily take or attempt to take it in their mouths.

D. It shall be unlawful to take wildlife with any leghold trap, any instant kill body gripping design trap, or by a poison or a snare on any public land, including state owned or state leased land, lands administered by the United States forest service, the federal bureau of land management, the national park service, the United States department of defense, the state parks board and any county or municipality. This subsection shall not prohibit:

1. The use of the devices prescribed in this subsection by federal, state, county, city, or other local departments of health which have jurisdiction in the geographic area of such use, for the purpose of protection from or surveillance for threats to human health or safety.

2. The taking of wildlife with firearms, with fishing equipment, with archery equipment, or other implements in hand as may be defined or regulated by the Arizona game and fish commission, including but not limited to the taking of wildlife pursuant to a hunting or fishing license issued by the Arizona game and fish department.

3. The use of snares, traps not designed to kill, or nets to take wildlife for scientific research projects, sport falconry, or for relocation of the wildlife as may be defined or regulated by the Arizona game and fish commission or the government of the United States or both.

4. The use of poisons or nets by the Arizona game and fish department to take or manage aquatic wildlife as determined and regulated by the Arizona game and fish commission.

5. The use of traps for rodent control or poisons for rodent control for the purpose of controlling wild and domestic rodents as otherwise allowed by the laws of the state of Arizona, excluding any fur-bearing animals as defined in section 17-101.

CREDIT(S)

Added by Laws 1958, Ch. 80, § 2. Amended by Laws 1980, Ch. 198, § 2; Initiative Measure approved election Nov. 8, 1994, eff. Nov. 28, 1994; Laws 1998, Ch. 67, § 4.

 

§ 17-301.01. Protection from wildlife

A. Notwithstanding any other provision of this title, any person may take wildlife in self-defense or in defense of another person if it is immediately necessary to protect oneself or to protect the other person.

B. A person shall notify the department within five days after taking wildlife under this section. No animal or part of an animal taken pursuant to this section may be retained, sold or removed from the site without authorization from the department.

CREDIT(S)

Added by Laws 1997, Ch. 108, § 1.


§ 17-302. Taking of bear or mountain lion for protection of property; report

A. Other provisions of this title notwithstanding, a landowner or lessee, who is a livestock operator and who has recently had livestock attacked or killed by bear or mountain lion, may, if he complies with subsection B, lawfully exercise such measures as necessary to prevent further damage from the offending bear or lion, including the taking of such bear or mountain lion in the following manner:

1. All traps shall be inspected within seventy-two hours and nontarget animals released without further injury. The department shall provide technical advice and assistance in the release of nontarget bears and lions. Nontarget animals seriously injured and unable to leave the scene upon release shall be humanely dispatched. Target bears and lions shall be humanely dispatched immediately.

2. Bears and lions may be taken only by means of:

(a) Leg hold traps without teeth and with an open jaw spread not exceeding eight and one-half inches.

(b) Leg snares.

(c) Firearms.

(d) Other legal hunting weapons and devices.

3. All traps and snares shall be identified as to the person or agency setting the trap or snare.

4. A livestock operator taking a lion or bear pursuant to this section shall notify a department office within five days after setting traps or initiating pursuit in any manner. The notification for both bears and lions shall include information on the number and kind of livestock attacked or killed and the name and address of the livestock operator experiencing depredation. Such information shall not be public information.

5. A livestock operator taking a bear or lion pursuant to this section shall provide reasonable evidence of having livestock recently attacked or killed if a person authorized by the director requests such evidence within forty-eight hours of the department being notified pursuant to paragraph 4. Information shall include location description of sufficient detail to allow the site of depredation and traps set to be located. Such information shall not be public information.

6. Dogs may be used to facilitate the pursuit of depredating bears and lions.

B. A license or tag shall not be required for the taking of a bear or mountain lion under this section, but within ten days after the taking, the livestock operator shall file a written report with the department. The location of the take, identity of the livestock operator filing the report and location and date of livestock depredation are not public information. Such report shall also contain the following information:

1. Name and address of livestock operator experiencing depredation losses.

2. Number, ages and kinds of livestock lost.

3. Numbers and location of bears or lions taken.

4. Sex and estimated age of each bear or lion taken.

5. Location and date of livestock depredation.

C. No portion of an animal taken pursuant to this section shall be retained or sold by any person except as authorized by the commission.

D. No animal trapped or taken alive under this section shall be held in captivity.

E. In addition to other penalties provided by law, persons not in compliance with the provisions of this section may be ordered by the department to remove devices not in compliance with the requirements of this section and to cease and desist current pursuit activities intended to take the depredating bear or lion which the livestock operator has failed to comply with the provisions of this section.

F. A livestock operator entitled to take a bear or lion under the provisions of this section may contract with another person for the taking of the depredating bear or lion. The person under contract shall comply with all of the provisions of this section.

CREDIT(S)

Added by Laws 1958, Ch. 80, § 2. Amended by Laws 1971, Ch. 31, § 2; Laws 1990, Ch. 95, § 2.

 
§ 17-303. Taking or driving wildlife from closed areas

It is unlawful for any person, except by commission order, to enter upon a game refuge or other area closed to hunting, trapping or fishing and take, drive or attempt to drive wildlife from such areas.

CREDIT(S)

Added by Laws 1958, Ch. 80, § 2. Amended by Laws 2000, Ch. 138, § 2.


§ 17-304. Prohibition by landowner upon hunting; posting; exception

A. Landowners or lessees of private land who desire to prohibit hunting, fishing or trapping on their lands without their written permission shall post such lands closed to hunting, fishing or trapping using notices or signboards.
 
B. State or federal lands including those under lease may not be posted except by consent of the commission.
 
C. The notices or signboards shall meet all of the following criteria:
 
1. Be not less than eight inches by eleven inches with plainly legible wording in capital and bold-faced lettering at least one inch high.
 
2. Contain the words “no hunting”, “no trapping” or “no fishing” either as a single phrase or in any combination.
 
3. Be conspicuously placed on a structure or post at least four feet above ground level at all points of vehicular access, at all property or fence corners and at intervals of not more than one-quarter mile along the property boundary, except that a post with one hundred square inches or more of orange paint may serve as the interval notices between property or fence corners and points of vehicular access. The orange paint shall be clearly visible and shall cover the entire aboveground surface of the post facing outward and on both lateral sides from the closed area.
 
D. The entry of any person for the taking of wildlife shall not be grounds for an action for criminal trespassing pursuant to § 13-1502 unless either:
 
1. The land has been posted pursuant to this section and the notices and signboards also contain the words “no trespassing”.
 
2. The person knowingly remains unlawfully on any real property after a reasonable request to leave by the owner or any other person having lawful control over the property or the person knowingly disregards reasonable notice prohibiting trespass at the person's entry to any real property.


 

CREDIT(S)

Added by Laws 1958, Ch. 80, § 2. Amended by Laws 2000, Ch. 138, § 3; Laws 2011, Ch. 202, § 1.

HISTORICAL AND STATUTORY NOTES


Source:
Laws 1929, Ch. 84, § 5.
Laws 1931, Ch. 97, § 2.
Laws 1933, Ch. 93, § 3.
Code 1939, § 57-105.
Laws 1945, Ch. 52, § 3.
Code 1939, Supp.1952, § 57-104.
A.R.S. former § 17-306.

The 2000 amendment by Ch. 138 rewrote the section, which prior thereto had read:

“Landowners or lessees of private land desiring to prohibit hunting or shooting on their lands shall post such lands, using a notice or signboard not less than eight inches by eleven inches with the wording plainly legible.

“State or federal lands including those under lease may not be posted except by consent of the commission. The notices or signboards shall be located where they will be most conspicuous and at intervals of not more than one-quarter mile so as to warn all persons against hunting, fishing or trespassing therein. The entry of any person for the taking of wildlife shall not be grounds for an action for trespassing unless the land has been posted as provided for herein.”

The 2011 amendment by Ch. 202 rewrote subsec. D, which had read:

D. The entry of any person for the taking of wildlife shall not be grounds for an action for trespassing unless the land has been posted pursuant to this section.”

 

§ 17-305. Possession of other weapons while hunting; violation; classification

A. The possession of legal weapons, devices, ammunition or magazines, which are not authorized to take wildlife, is not prohibited while hunting if the weapon or device is not used to take wildlife.

B. Taking wildlife by using a weapon, device, ammunition or magazine that is not authorized to take wildlife is a class 1 misdemeanor.

Credits

Added by Laws 2012, Ch. 225, § 1.


§ 17-306. Importation, transportation, release or possession of live wildlife

No person shall import or transport into the state or sell, trade or release within the state or have in his possession any live wildlife except as authorized by the commission or as defined in title 3, chapter 16. [FN1]

CREDIT(S)

Added by Laws 1958, Ch. 80, § 2. Amended by Laws 1969, Ch. 15, § 2; Laws 1990, Ch. 374, § 405, eff. Jan. 1, 1991.

[FN1] Section 3-2901 et seq. 


§ 17-307. Possession, storage, sale and gift of the carcass or parts thereof of wildlife

A. The carcass or parts thereof of wildlife lawfully obtained in accordance with the provisions of this title and commission regulations may be possessed by the person taking such wildlife.

B. The carcass or parts thereof of wildlife lawfully obtained may be placed in storage in accordance with the provisions of this title.

C. The carcass or parts thereof of wildlife lawfully produced by or lawfully obtained from a commercial wildlife breeding or processing establishment may be sold in this state.

D. A person may make a gift of the carcass or parts thereof of his lawfully obtained wildlife, or he may have it prepared in a public eating place and served to himself and his guests.

CREDIT(S)

Added by Laws 1958, Ch. 80, § 2. Amended by Laws 1969, Ch. 15, § 3. 


§ 17-308. Unlawful camping

It is unlawful for a person to camp within one-fourth mile of a natural water hole containing water or a man-made watering facility containing water in such a place that wildlife or domestic stock will be denied access to the only reasonably available water.

CREDIT(S)

Added by Laws 1958, Ch. 80, § 2. Amended by Laws 1976, Ch. 10, § 1. 


§ 17-309. Violations; classification

A. Unless otherwise prescribed by this title, it is unlawful for a person to:

1. Violate any provision of this title or any rule adopted pursuant to this title.

2. Take, possess, transport, buy, sell or offer or expose for sale wildlife except as expressly permitted by this title.

3. Destroy, injure or molest livestock, growing crops, personal property, notices or signboards, or other improvements while hunting, trapping or fishing.

4. Discharge a firearm while taking wildlife within one-fourth mile of an occupied farmhouse or other residence, cabin, lodge or building without permission of the owner or resident.

5. Take a game bird, game mammal or game fish and knowingly permit an edible portion thereof to go to waste, except as provided in § 17-302.

6. Take big game, except bear or mountain lion, with the aid of dogs.

7. Make more than one use of a shipping permit or coupon issued by the commission.

8. Obtain a license or take wildlife during the period for which the person's license has been revoked or suspended or the person has been denied a license.

9. Litter hunting and fishing areas while taking wildlife.

10. Take wildlife during the closed season.

11. Take wildlife in an area closed to the taking of that wildlife.

12. Take wildlife with an unlawful device.

13. Take wildlife by an unlawful method.

14. Take wildlife in excess of the bag limit.

15. Possess wildlife in excess of the possession limit.

16. Possess or transport any wildlife or parts of the wildlife that was unlawfully taken.

17. Possess or transport the carcass of big game without a valid tag being attached.

18. Use the edible parts of any game mammal or any part of any game bird or nongame bird as bait.

19. Possess or transport the carcass or parts of a carcass of any wildlife that cannot be identified as to species and legality.

20. Take game animals, game birds and game fish with an explosive compound, poison or any other deleterious substances.

21. Import into this state or export from this state the carcass or parts of a carcass of any wildlife unlawfully taken or possessed.

B. Unless a different or other penalty or punishment is specifically prescribed a person who violates any provision of this title, or who violates or fails to comply with a lawful order or rule of the commission, is guilty of a class 2 misdemeanor.

C. A person who knowingly takes any big game during a closed season or who knowingly possesses, transports or buys any big game that was unlawfully taken during a closed season is guilty of a class 1 misdemeanor.

D. A person is guilty of a class 6 felony who knowingly:

1. Barters, sells or offers for sale any big game or parts of big game taken unlawfully.

2. Barters, sells or offers for sale any wildlife or parts of wildlife unlawfully taken during a closed season.

3. Barters, sells or offers for sale any wildlife or parts of wildlife imported or purchased in violation of this title or a lawful rule of the commission.

4. Assists another person for monetary gain with the unlawful taking of big game.

5. Takes or possesses wildlife while under permanent revocation under § 17-340, subsection B, paragraph 3.

E. A peace officer who knowingly fails to enforce a lawful rule of the commission or this title is guilty of a class 2 misdemeanor.


Credits
Added by Laws 1958, Ch. 80, § 2. Amended by Laws 1968, Ch. 101, § 2; Laws 1971, Ch. 31, § 4; Laws 1978, Ch. 201, § 299, eff. Oct. 1, 1978; Laws 1979, Ch. 107, § 1; Laws 1986, Ch. 228, § 2; Laws 1989, Ch. 41, § 1; Laws 1990, Ch. 196, § 1; Laws 2002, Ch. 103, § 1; Laws 2006, Ch. 238, § 5; Laws 2012, Ch. 128, § 2.

§ 17-310. Agreement to appear in court

Game rangers, wildlife managers, and other peace officers may take any person before a magistrate within the county in which an offense is committed for a violation of any provision of this title, but any person apprehended for violating any provision of this title punishable as a misdemeanor may be issued a notice to appear before such magistrate bearing the date, time and place for such appearance, the offense charged, and the location or approximate location where the violation was committed. The notice shall be signed by the person notified to appear, and he shall be given a copy thereof and thereupon may be released from custody. Failure of such person to appear at the time and place specified shall be cause for issuance of a warrant for his arrest for failure to appear.

CREDIT(S)

Added by Laws 1958, Ch. 80, § 2.

§ 17-311. Duty to report shooting accident resulting in injury or death; duty to give assistance; authority of officers

A. Any person who, while taking wildlife, is involved in a shooting accident resulting in injury to another person shall render every possible assistance to the injured person, and if the accident is fatal, he shall immediately report the accident to the nearest law enforcement officer available and render such assistance as may be required.

B. Such person shall within ten days file with the department a full and complete written report of such accident.

CREDIT(S)

Added by Laws 1958, Ch. 80, § 2.

 
§ 17-312. Misuse of firearms

A. It is unlawful for any person while taking wildlife, or while in any hunting area, to handle or discharge any firearm while intoxicated or in a careless or reckless manner or with wanton disregard for the safety of human life or property.

B. Nothing in this section shall be construed in any way to limit the right of the state to prosecute any person who injures or kills another.

CREDIT(S)

Added by Laws 1958, Ch. 80, § 2.

§ 17-313. Disposition of fines, forfeitures and penalties; reports

A. Fines, forfeitures and penalties collected for violations of this title shall be deposited, pursuant to §§ 35-146 and 35-147, immediately by the officer collecting or receiving them in the wildlife theft prevention fund.

B. The state treasurer shall notify the commission of all monies received and paid under the provisions of this title.

C. Each justice of the peace and each clerk of a court of record shall, within twenty days after a judgment has been rendered under the provisions of this title, report in writing to the commission the results of the prosecution, the amount of fines, forfeitures and penalties collected, and disposition thereof.

CREDIT(S)

Added by Laws 1958, Ch. 80, § 2. Amended by Laws 1985, Ch. 51, § 1; Laws 2000, Ch. 193, § 124.

 

§ 17-314. Civil liability for illegally taking or wounding wildlife; recovery of damages

A. The commission or any officer charged with enforcement of the laws relating to game and fish, if so directed by the commission, may bring a civil action in the name of the state against any person unlawfully taking, wounding or killing, or unlawfully in possession of, any of the following wildlife, or part thereof, and seek to recover the following minimum sums as damage:

1. For each turkey or javelina $ 500.00
2. For each bear, mountain lion, antelope or deer, other than trophy $1,500.00
3. For each elk or eagle, other than trophy or endangered species $2,500.00
4. For each predatory, fur-bearing or nongame animal $ 250.00
5. For each small game or aquatic wildlife animal $ 50.00
6. For each trophy or endangered species animal $8,000.00

B. No verdict or judgment recovered by the state in such action shall be for less than the sum fixed in this section. The minimum sum that the commission may seek to recover as damages from a person pursuant to this section may be doubled for a second verdict or judgment and tripled for a third verdict or judgment. The action for damages may be joined with an action for possession, and recovery had for the possession as well as the damages.

C. The pendency or determination of an action for damages or payment of a judgment, or the pendency or determination of a criminal prosecution for the same taking, wounding, killing or possession, is not a bar to the other, nor does either affect the right of seizure under any other provision of the laws relating to game and fish.

D. All monies recovered pursuant to this section shall be placed in the wildlife theft prevention fund.

CREDIT(S)

Added as § 17-246 by Laws 1977, Ch. 78 § 1. Renumbered as § 17-314. Amended by Laws 1978, Ch. 185, § 1; Laws 1985, Ch. 51, § 2; Laws 2006, Ch. 238, § 6.


§ 17-315. Wildlife theft prevention fund; authorized expenditures

A. A wildlife theft prevention fund is established consisting of:

1. Monies received from damage assessments pursuant to § 17-314.

2. Money received from donations to the fund.

3. Monies appropriated by the legislature for the purposes provided in this article.

4. Monies received as fines, forfeitures and penalties collected for violations of this title.

B. Monies in the wildlife theft prevention fund shall be expended only for the following purposes:

1. The financing of reward payments to persons, other than peace officers, game and fish department personnel and members of their immediate families, responsible for information leading to the arrest of any person for unlawfully taking, wounding or killing, possessing, transporting or selling wildlife and attendant acts of vandalism. The commission shall establish the schedule of rewards to be paid for information received and payment shall be made from monies available for this purpose.

2. The financing of a statewide telephone reporting system under the name of “operation game thief”, which shall be established by the director under the guidance of the commission.

3. The promotion of the public recognition and awareness of the wildlife theft prevention program.

4. Investigations of the unlawful commercial use of wildlife.

C. The wildlife theft prevention fund shall be expended in conformity with the laws governing state financial operations. Balances remaining at the end of the fiscal year are exempt from the provisions of § 35-190 relating to lapsing of appropriations.

CREDIT(S)

Added by Laws 1978, Ch. 185, § 2. Amended by Laws 1985, Ch. 51, § 3; Laws 2006, Ch. 238, § 7.

 

§ 17-316. Interference with rights of hunters; classification; civil action; exceptions

A. It is a class 2 misdemeanor for a person while in a hunting area to intentionally interfere with, prevent or disrupt the lawful taking of wildlife by:

1. Harassing, driving or disturbing any wildlife.

2. Blocking, obstructing or impeding, or attempting to block, obstruct or impede, a person lawfully taking wildlife.

3. Erecting a barrier without the consent of the landowner or lessee with the intent to deny ingress to or egress from areas where wildlife may be lawfully taken.

4. Making or attempting to make physical contact, without permission, with a person lawfully taking wildlife.

5. Engaging in, or attempting to engage in, theft, vandalism or destruction of real or personal property.

6. Disturbing or altering, or attempting to disturb or alter, the condition or authorized placement of real or personal property intended for use in the lawful taking of wildlife.

7. Making or attempting to make loud noises or gestures, set out or attempt to set out animal baits, scents or lures or human scent, use any other natural or artificial visual, aural, olfactory or physical stimuli, or engage in or attempt to engage in any other similar action or activity, in order to disturb, alarm, drive, attract or affect the behavior of wildlife or disturb, alarm, disrupt or annoy a person lawfully taking wildlife.

8. Interjecting oneself into the line of fire of a person lawfully taking wildlife.

B. It is a class 3 misdemeanor for a person to enter or remain on a designated hunting area on any public or private lands or waters or state lands including state trust lands with the intent to interfere with, prevent or disrupt the lawful taking of wildlife.

C. The commission or any person properly licensed to take wildlife who is directly affected by a violation of this section may bring an action to restrain conduct declared unlawful in this section and to recover damages.

D. A peace officer who reasonably believes that a person has violated this section may order the person to desist or to leave the area or arrest such person upon refusal to desist or leave.

E. The conduct declared unlawful in this section does not:

1. Include any incidental interference arising from lawful activity by public land users, including ranchers, miners or recreationists.

2. Apply to landowners, permittees, lessees or their agents or contractors engaged in animal husbandry practices or agricultural operations.

CREDIT(S)

Added by Laws 1981, Ch. 239, § 1. Amended by Laws 2006, Ch. 128, § 1. 


§ 17-317. Possession and containment of white amur; determination of closed aquatic system

A. The commission shall establish a procedure by rule to permit the possession of certified triploid white amur (ctenopharyngodon idellus).

B. The department shall evaluate potential sites for the stocking of certified triploid white amur in this state. These sites shall be in closed aquatic systems as determined by the commission. The commission shall determine what constitutes a closed aquatic system after at least one public hearing and shall consider at least the following factors:

1. Hydrologic:

(a) Flood potential of the aquatic system.

(b) Proximity of the aquatic system to other aquatic systems.

(c) Water movement into and out of the aquatic system.

2. The risk of severe damage to the aquatic habitat in other bodies of water due to the possession and use of white amur.

CREDIT(S)

Added by Laws 1988, Ch. 154, § 1, eff. June 6, 1988.

§ 17-318. Disease assessment and treatment before importing wildlife and transporting big game

A. The department shall test all cloven-hoofed wildlife it introduces or imports into this state, and all cloven-hoofed big game transported and released in this state for the purpose of creating new or expanding existing populations, for presence of diseases that can be transmitted to livestock. The tests to be conducted shall be determined by consultation with the state veterinarian. The department shall treat and cure all wildlife infected with any known disease that can be transmitted to livestock before the wildlife are released in this state.

B. Before introducing or importing cloven-hoofed wildlife into this state, or transporting and releasing cloven-hoofed big game in this state for purposes of creating new or expanding existing populations, the department shall determine the potential for livestock and domestic animals infecting the wildlife and, if possible, immunize the wildlife before they are released in this state.

CREDIT(S)

Added by Laws 1989, Ch. 97, § 1.

§ 17-319. Big game killed by motor vehicle; salvage permit; violation; classification

A. Notwithstanding any other provision of this title, the carcass of a big game animal that has been killed as a result of an accidental collision with a motor vehicle on a maintained road may be possessed and transported by the driver of the vehicle if the driver first obtains a big game salvage permit issued by a peace officer. A person may possess or transport the carcass or any part of the carcass of a big game animal killed as a result of an accidental collision with a motor vehicle only as provided by this section.

B. The department shall provide big game salvage permit forms to peace officers on request. The permit may be issued only in the name of the driver of the motor vehicle and is not transferable. The permit form shall require the following information:

1. The name and address of the motor vehicle driver.

2. A description of the big game animal that was killed.

3. The date of the collision.

4. The specific location of the collision.

5. A description of the motor vehicle.

6. The destination where the carcass will be transported.

7. The name of the peace officer who issued the permit.

C. The peace officer shall:

1. Complete all of the information required on the permit.

2. Give the original of the permit to the driver of the motor vehicle.

3. Mail a copy of the permit to the department within forty-eight hours after issuing the permit.

D. A peace officer may inspect the carcass and motor vehicle prior to issuing the permit. The carcass and motor vehicle are subject to inspection by a game ranger within twenty days after issuance of the permit. If the carcass has been processed or if the motor vehicle has been repaired, a game ranger may inspect the invoices or other documents recording the processing or repair.

E. A person who possesses the carcass of a big game animal pursuant to this section may place all or part of the carcass in storage pursuant to § 17-373 or may make a gift of the carcass or parts to another individual.

F. A permit issued under this section carries no representation or implication that any part of the carcass is edible. Neither the peace officer, the agency employing the peace officer nor the department is liable with respect to any use made of the carcass.

G. A person who possesses a carcass of a big game animal under authority of a big game salvage permit that was obtained by fraud is guilty of a class 1 misdemeanor.

CREDIT(S)

Added by Laws 1991, Ch. 9, § 1.

§ 17-320. Jaguar; protection; violation; classification; civil liability; exception

A. Notwithstanding § 17-239 or any other provision of this title, if the secretary of the interior publishes in the federal register a determination for the removal of jaguar (felis onca) from the list as required under § 4(c) of the endangered species act of 1973, as amended, (P.L. 93-205; 87 Stat. 884; 16 United States Code §§ 1531 through 1544):

1. It is unlawful for a person to knowingly kill, wound or possess a jaguar or any part thereof.

2. A person who unlawfully kills, wounds or possesses a jaguar or any part thereof:

(a) Is guilty of a class 1 misdemeanor.

(b) Is liable for civil damages of not more than seventy-two thousand five hundred dollars for each violation pursuant to procedures set forth in § 17-314.

B. Subsection A of this section does not apply to:

1. A jaguar or parts of a jaguar that were lawfully possessed under state and federal law before August 21, 1997.

2. Any person who kills or wounds a jaguar, if it can be shown by a preponderance of the evidence that the person committed an act based on a good faith belief that the person was acting to protect himself, a member of the person's family or any other individual from bodily harm from a jaguar.

C. A person shall notify the department within five days after killing or wounding a jaguar under subsection B, paragraph 2 of this section. A jaguar killed or wounded pursuant to subsection B, paragraph 2 of this section shall not be retained, sold or removed from the site without authorization from the department.

CREDIT(S)

Added by Laws 1998, Ch. 66, § 1.

 



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