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.
Structure Arizona Revised Statutes
§ 17-102 - Wildlife as state property; exceptions
§ 17-103 - Duties of county attorneys
§ 17-104 - Duties of peace officers as special game rangers
§ 17-105 - Immunity of witnesses
§ 17-202 - Arizona game and fish commission appointment recommendation board
§ 17-211 - Director; selection; removal; powers and duties; employees
§ 17-212 - Director's seal; authentication of records
§ 17-213 - Prohibition on political activity
§ 17-214 - Arizona game and fish department reserve; members; powers and duties; compensation
§ 17-215 - Fingerprint clearance card; employees; volunteers
§ 17-231 - General powers and duties of the commission
§ 17-232 - Agreements with other states for reciprocal use of licenses
§ 17-233 - Acquisition and disposition of buffalo and buffalo meat
§ 17-234 - Open or closed seasons; bag limits; possession limits
§ 17-236 - Taking birds; possession of raptors
§ 17-237 - Pollution of waters
§ 17-243 - Sale of surplus products of federal aid projects; disposition of proceeds
§ 17-244 - Bulletin; refuge signboards; posted lands
§ 17-246 - Ground leases; installment purchase of facilities
§ 17-247 - Terms of agreements
§ 17-248 - Certification of installment purchase agreements by the attorney general
§ 17-250 - Wildlife diseases; order of director; violation; classification; rule making exemption
§ 17-251 - Possession or use of a firearm silencer or muffler while hunting; definition
§ 17-253 - Mexican gray wolf; memorandum of understanding; reporting
§ 17-255 - Definition of aquatic invasive species
§ 17-255.01 - Aquatic invasive species program; powers
§ 17-255.03 - Violations; civil penalties; classification; cost recovery
§ 17-255.04 - Applicability; no private right of action
§ 17-261.01 - Game and fish revolving fund
§ 17-262 - Investment of surplus funds; earned interest
§ 17-264 - Budget appropriation
§ 17-265 - Game and fish in-lieu fee program restoration endowment trust fund; exemption; definition
§ 17-266 - Construction by employees or force account
§ 17-267 - Land and water conservation and recreation development fund
§ 17-268 - Game, non-game, fish and endangered species fund
§ 17-269 - Game and fish publications revolving fund
§ 17-271 - Wildlife endowment fund
§ 17-272 - Voluntary contributions in lieu of property taxes
§ 17-273 - Firearms safety and ranges fund; uses; criteria
§ 17-274 - Arizona game and fish department fleet vehicle replacement fund
§ 17-275 - Arizona game and fish department fleet operations fund
§ 17-282 - Conservation development fund; purposes
§ 17-283 - Issuance of bonds; negotiability; resolution; notice; tax exemption
§ 17-284 - Pledges; lien; personal liability; incontestability
§ 17-285 - Bonds as legal investments; state nonliability
§ 17-286 - Certification of bonds by attorney general
§ 17-287 - Impairment of bondholder rights; prohibition; inclusion in resolutions and indentures
§ 17-288 - Distributions from the conservation development fund
§ 17-289 - Bond proceeds fund; investment
§ 17-290 - Designation of fiscal agent and trustees; monies of the authority; fees
§ 17-292 - Capital improvement fund
§ 17-293 - Unlawful interest in real property by commission member; violation; classification
§ 17-294 - Annual audit of funds
§ 17-295 - Limitation on bonding
§ 17-297 - Arizona game and fish commission heritage fund
§ 17-298 - Expenditures from fund; purpose and amounts; annual report
§ 17-298.01 - Decennial performance audit
§ 17-299 - Arizona wildlife conservation fund
§ 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
§ 17-302.01 - Taking of wolves for protection of life or property
§ 17-303 - Taking or driving wildlife from closed areas or while trespassing
§ 17-305 - Possession of other weapons while hunting; violation; classification
§ 17-307 - Possession, storage, sale and gift of the carcass or parts thereof of wildlife
§ 17-309 - Violations; classification
§ 17-310 - Agreement to appear in court
§ 17-313 - Disposition of fines, forfeitures and penalties; reports
§ 17-314 - Illegally taking, wounding, killing or possessing wildlife; civil penalty; enforcement
§ 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
§ 17-320 - Jaguar; protection; violations; classification; civil liability; exceptions
§ 17-331 - License or proof of purchase required; violation of child support order
§ 17-333.02 - Trapping license; education; exemption
§ 17-335 - Blind resident; fishing license exemption
§ 17-335.01 - Lifetime license and benefactor license
§ 17-337 - Hunting and fishing licenses; armed forces members and spouses
§ 17-337.01 - Licenses for enrollees in the job corps
§ 17-338 - Remission of fees from sale of licenses and permits; violation; classification
§ 17-339 - Reports and returns by license dealers; noncompliance; classification
§ 17-341 - Violation; classification
§ 17-342 - Colorado river special use permit
§ 17-343 - Reciprocal sale of licenses and special use permits
§ 17-344 - Period of validity of special permits
§ 17-345 - Surcharges; purposes
§ 17-346 - Special big game license tags
§ 17-361 - Trappers; licensing; restrictions; duties; reports
§ 17-362 - Guide license; violations; annual report
§ 17-364 - Fur dealer's license; records; reports
§ 17-371 - Transportation, possession and sale of wildlife and wildlife parts
§ 17-372 - Shipment by common carrier
§ 17-402 - Acceptance of federal aid acts
§ 17-403 - Restoration projects
§ 17-404 - Acquisition of lands
§ 17-405 - Acceptance of grants
§ 17-406 - Revolving fund; appropriation; purpose and reimbursement
§ 17-407 - Acquisition of lands by United States for migratory bird conservation
§ 17-421 - Right to conduct fish hatching and culture; limitations
§ 17-452 - Restrictions on motor vehicle use; recommendations; agreements; rules
§ 17-453 - Notices of restrictions; posting; publication
§ 17-454 - Prohibition against vehicle travel
§ 17-456 - Expenditure of funds; source; functions
§ 17-457 - Enforcement of article
§ 17-458 - Violations; classification
§ 17-471 - Wildlife habitat restoration and enhancement fund; commission duties
§ 17-481 - Application of aquatic poisons; analysis; notice; exceptions
§ 17-491 - Livestock loss board; members; terms; compensation; annual report
§ 17-492 - Powers and duties; definition
§ 17-493 - Livestock compensation fund; exemption; definition
§ 17-495.01 - Property owner confidentiality; disclosure; consent; civil penalty
§ 17-502 - Adoption and text of compact
§ 17-503 - Administration; expenses
§ 17-601 - Definition of outdoor shooting range
§ 17-602 - State outdoor shooting range noise standards; preemption; measurement; definitions
§ 17-603 - Preexisting outdoor shooting ranges; noise buffering or attenuation
§ 17-604 - Nighttime outdoor shooting range operations
§ 17-605 - Noise pollution; nuisance; defense; costs
§ 17-621 - Recording proximity to shooting range; definition