My 11 day correspondence with AZ FISH AND GAME

[JEWSKIN]

Gabriel Paz ✆

to Karen, me

show details Aug 9 (3 days ago)

You both have done quit a bit ofcorrespondence regarding this issue so please forgive me if I don'tanswer all of your questions. It is lawful to take and possess rattlesnakesalive in this state with a hunting license. I referenced most of the laws thatpertain to what you are talking about.

Restricted Live Wildlife pertains towildlife that cannot be possessed alive (without a license) or imported. Snakes taken with a hunting license can be possessed alive or dead percommission order 43.

The live wildlife rule would restrictsomeone from bringing animals listed in that rule into the state. What thatmeans is that it is unlawful to bring rattlesnakes into the state.

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

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

17-331. License or proof ofpurchase required; violation of child support order

A. Except as providedby this title or commission order, a personshall not take any wildlife in this state without a valid license or acommission approved proof of purchase. The person shall carry the license orproof of purchase and produce it upon request to any game ranger, wildlifemanager or peace officer.

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 withthe provisions of this title and commission regulations may be possessed by theperson taking such wildlife.

B. The carcass orparts thereof of wildlife lawfully obtained may be placed in storage inaccordance with the provisions of this title.

C. The carcass orparts thereof of wildlife lawfully produced by or lawfully obtained from acommercial wildlife breeding or processing establishment may be sold in thisstate.

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

R12-4-401

LiveWildlife Definitions

Inaddition to definitions given in A.R.S. § 17-101, and for the purposes of thisArticle, the following definitions apply:

24. "Restricted livewildlife" means wildlife that cannot be imported, exported, or possessedwithout a special license or lawful exemption. Restricted live wildlifeare listed in R12-4-406.

26."Special license" means any permit or license issued under thisArticle, including any additional stipulations placed on the license thatauthorizes specific activities normally prohibited by A.R.S. § 17-306 andR12-4-402.

Commissionorder 43 allows the take of reptiles excluding section E.

Reptiles: Commission Order 43Statewide — As defined inA.R.S.17-101, excluding wildlife areas not opened for hunting (R12-4-802). OpenAreas do not include any area closed to hunting, fishing, or trapping underA.R.S.17-303, 304, or Commission Rules R12-4-301, R12-4-801-803.

E. There is no open season on Phrynosoma mcallii (flat-tailedhorned lizard), Heloderma suspectum (Gila monster), Crotalus lepidus (rockrattlesnake), Crotalus pricei (twin-spotted rattlesnake), Crotalus willardi(ridge-nosed rattlesnake), Lampropeltis triangulum (milksnake; Cochise Countyonly), Sistrurus catenatus (massasauga), Thamnophis eques (Mexicangartersnake), Thamnophis rufipunctatus (narrow-headed gartersnake), Gopherusagassizii (desert tortoise), and Terrapene ornata (ornate box turtle); seeNotes 3 and 4.

Reptile Notes:

1.A hunting or combination license is required for take ofreptilesotherthansoftshellturtles.Reptilesmaybetaken day or night. SeeR12-4-304 for restrictions on the use of artificial light. By law, softshellturtles are considered aquatic wildlife and a fishing or combination license isrequired for take. Methods of take are prescribed at R12-4-313(E).

2.Per R12-4-404, progeny of lawfully held reptiles other thandesert tortoises may, for twelve months from date of hatching or birth, be heldin captivity in excess of the stated limits. Before or upon reaching twelvemonths of age, such progeny must be disposed of by gift to another person or asdirected by the Department.

3.Per R12-4-407.1, desert tortoises legally held prior to April28, 1989, may be possessed, transported and propagated. Possession limit is onedesert tortoise per person. Progeny of lawfully held desert tortoises may, fortwenty-four months from date of hatching, be held in captivity in excess of thestated limit. Before or upon reaching twenty-four months of age, such progenymust be disposed of by gift to another person or as directed by the Department.

4.The possession limit for massasaugas legally held prior toJanuary 1, 1989, when season closure went into effect, is four (4) per person.The possession limit for Mexican gartersnakes, narrow-headed gartersnakes, andornate box turtles legally held prior to January 1, 2005, when season closure went into effect,is four (4) per person. See Note 2.

R12-4-402

LiveWildlife: Unlawful Acts

A. An individual shall not perform any of the following activitieswith live wildlife unless authorized by this Chapter or A.R.S. Title 3, Chapter16:

1. Import any live wildlife into the state;

2. Export any live wildlife from the state;

3. Transport, possess, offer for sale, sell, sell as live bait,trade, give away, purchase, rent, lease, display, exhibit, propagate, stock, orrelease live wildlife within the state; or

4. Kill any captive live wildlife;

B. If an individual lawfully possesses wildlife, but holds it in amanner that poses an actual or potential threat to other wildlife, or thesafety, health, or welfare of the public, the Department shall seize,quarantine, or hold the wildlife.

Gabriel Paz

Law Enforcement Program Manager, Tucson

Arizona Game and Fish Department


Kalina Jaggers ✆

to Gabriel

show details 3:09 PM (7 hours ago)

Well I have done some more research and as of July 1, 2010 these laws are in effect. I have attached them and you may recognize them as they are the first one i asked about. Now I ask how is a Water Buffalo not a dangerous animal but a hedge hog is? A tetra is a dangerous animal yes all tetra includinge the ones sold in walmart this is as of July 1, 2010....any thoughts? here is the link and I have attached the file as well. It could be just me but a Water Buffalo, known to kill people and lions in Africa, is far more dangerous than a tetra, or hedgehog even a thick billed parrot for that matter. Is it just me or is it absurd?http://usark.org/uploads/AZhb2375.pdf

again maybe it's just me but maybe it should be really pointed out that water buffalo are dangerous.

please input is much appreciated

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On Mon, Aug 9, 2010 at 10:07 PM, Gabriel Paz <GPaz@azgfd.gov> wrote:

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Gabriel Paz ✆

to me

show details 3:51 PM (6 hours ago)

The law that you are referring to was anew law passed by an outside organization so I am not familiar with all the logic that went into this new law.

The water buffalo they are referring to is from the genus Bubalus which are buffalo from Asia that have been domesticated around the world.

http://en.wikipedia.org/wiki/Water_Buffalo

The dangerous ones that are well known forbeing dangerous would be the African genus Syncerus

http://en.wikipedia.org/wiki/African_buffalo

Gabriel Paz

Law Enforcement Program Manager, Tucson

Arizona Game and Fish Department


Kalina Jaggers ✆

to Gabriel

show details 6:54 PM (3 hours ago)

the owning of any dangerous animal before july 1st 2010 is ok as long as requirements are met it not only protect the safety of the public but our native wildlife having rare rattlesnakes here it's imperative to protect them. It also protects those willing to abide the laws and follow the necessary steps for keeping these animals. The logic that went into these laws minus the water buffalo which all species have been proven unpredictable protect every one including fish and game. It keeps people from keeping venomous snakes as a status pet (may not be right term I'd use over compensation or ego boost) It ensures that any "Dangerous Wildlife" as listed is kept healthy and registered meaning more money for the state when purchasing permits. it ensures any escaped animal is traceable, it ensures the community holding these animals is not punished as a whole but those individuals not following the laws. They are very specific for the most part though I admit some things do need to be rethought. But the law is better than banning everything from everyone. It keeps responsible people able to keep their animals and irresponsible ones punished for the mistreatment and or safety hazards to the public and native wildlife. It gives Fish and Game more authority as far as conservation and stopping the illegal sale import export breeding and unwanted release of possible disease to wildlife such as Crotalus willardi. It's not perfect no law is but there is room for compromise. However as avid as I am about the ability to keep reptiles that one wishes with in reason I understand the importance of safety and proper training to keep such animals as rattlesnakes. I am by no means opposed to it but there is a way for the state to make money and increase jobs again here, a boost to the economy if you will. I see the rights in these laws as well as the over exaggeration of some. I see the potential in it though and it isn't bad if you ask me a little work here and there like rattlesnakes ok with a permit after so many hours of training on how to safely transport clean feed prep for medical attention.....keeping records is a must with these animals it could be life or death in most cases. Especially now with the venom changing before our eyes. I may seem like I am rambling and I do apologize but I am passionate about protecting the native wildlife and the public there being a right and wrong way to do things. There is always a risk working with wild animals as they are just that wild animals. I've worked with lions, tigers, crocodylians (camien to nile crocs), true vipers and rattlesnakes danger in inevitable but laws like these eliminate a lot and protect everyone.- Show quoted text -

Gabriel Paz ✆

to me

show details 9:32 PM (48 minutes ago)

Good point.

Actually they we're already restricted to possess before the law from our commission rule.

Gabriel PazLaw Enforcement Program Manager,Tucson

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Sorry so long had to spread it ugh wouldn't fit....I think I could have encouraged something positive IDK any thoughts