Sources: Arizona Revised Statutes, 1958, Title 17; 1992 Cumulative Pocket Part.
STATE WILDLIFE POLICY
Wildlife, both resident and migratory, native or introduced, found in this state, except fish and bullfrogs impounded in private ponds or wildlife and birds reared or held in captivity under permit from the Commission, is property of the state and may be taken as provided by law or rule of the Commission (17-102).
PROTECTED SPECIES OF WILDLIFE
See RELEVANT WILDLIFE DEFINITIONS for listed animals.
Except as provided, no persons shall take wildlife unless they have a license on their person (17- 331). It is unlawful to take or injure a bird, to harass a bird upon its nest, or to remove its nests or eggs, except as may occur in normal horticultural/agricultural practices or as authorized by Commission order. Such birds may be taken for scientific purposes under Commission permits (17-236).
HABITAT PROTECTION
See Arizona Game and Fish Commission Heritage Fund under Agency Funding Sources, STATE FISH AND WILDLIFE AGENCIES.
When the Commission determines that the operation of motor vehicles within a certain area, except private land, is or may be damaging to wildlife reproduction, management or habitat, the Commission, with the concurrence of the land management agency involved and after public hearing, may order the area closed to motor vehicles for not more than one year, provided that all roads in the area shall remain open unless specifically closed. The Commission may recommend that particular areas of land be set aside for use of recreational vehicles. The Commission may enter into agreements with landowners and agencies controlling the areas, stipulating the restrictions and permitted uses of motor vehicles in the areas and the duties of the Commission and landowners relating to enforcement of the agreements (17-452). The areas shall be posted and publicized, giving prohibitions and permitted uses of closed areas (17-453). No person shall drive a motor operated vehicle cross-country on public or private lands where driving is prohibited by regulation or posting (17-454). Exceptions are for state agency personnel, utilities personnel, emergency situations, hunters entering solely to pick up big game animals legally killed, and allowed camping on open roads in closed areas when the vehicle is parked within 300 feet of road (17-455).
The Commission may expend general appropriation funds to: conduct surveys of actual or possible wildlife habitat damage by motor vehicles and the areas to be recommended for recreational vehicle use; post restricted areas; provide maps; provide educational programs on wildlife habitat preservation and restoration; enforce restrictions (17-456). All peace officers of the state, counties, cities and other authorized state and federal employees shall enforce wildlife habitat protection provisions (17-457). Violation of this article or regulations regarding closed areas is a class 3 misdemeanor (17-458). Landowners or lessees of private land desiring to prohibit hunting or shooting on their lands shall post lands using plainly legible wording on signs of specified size. State or federal lands, including those under lease, may not be posted except by Commission consent. Posting is to be at one-quarter mile intervals or less. No action for trespassing may lie unless lands have been posted as provided (17-304).
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New Mexico Center for Wildlife Law
University of New Mexico School of Law
1117 Stanford NE, Albuquerque, NM 87131
(505) 277-5006
lprovenc@unm.edu