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.
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