Ariz. Admin. Code § R12-4-127 - Civil Liability for Loss of Wildlife
A. In order to
compensate the state for the value of lost or injured wildlife, the Commission
may, pursuant to A.R.S. §
17-314, impose a civil penalty against any
person for unlawfully taking, wounding, killing or possessing wildlife. Any
civil penalties so imposed shall be equal to or greater than the applicable
statutory-minimum sums found in A.R.S. §
17-314(A). The Commission may
impose a civil penalty above the statutory-minimum sums where it has determined
that the value of the lost or injured wildlife exceeds the statutory-minimum
sums.
B. The Commission shall
annually establish the value of lost or injured wildlife using objective and
measurable economic criteria. When doing so, the Commission may consider
objective economic criteria recommended by the Department or any other
person.
C. The Department shall
recommend the value of lost or injured wildlife to the Commission by
aggregating the following objective and measurable economic factors:
1. The average dollar amount spent by an
individual hunter in pursuit of the same species. This amount shall be
calculated using information from the most recent National Survey of Fishing,
Hunting and Wildlife-Associated Recreation conducted by the U.S. Fish and
Wildlife Service and measures hunting and fishing expenditures, in combination
with hunter harvest data gathered by the Department. This information shall be
available on the Department's website.
2. The average dollar amount spent by an
individual in an effort to view wildlife. This amount shall be calculated using
information from the most recent National Survey of Fishing, Hunting and
Wildlife-Associated Recreation conducted by the U.S. Fish and Wildlife Service
and measures wildlife viewing expenditures, in combination with hunter harvest
data gathered by the Department. This information shall be available on the
Department's website.
3. The
average body weight in pounds of meat for the unlawfully taken or possessed
species multiplied by the average price per pound of ground meat for that same
species or a similar species. Average body weight in pounds of meat shall be
calculated using the average body weight for the wildlife taken, minus 30% of
the average weight to account for the weight of the head, hide, offal, and
bone.
4. When new data is not
available, the Department may use Consumer Price Index (CPI) calculations to
update the above factors in terms of U.S. dollars.
D. The Department shall recommend the value
of lost aquatic wildlife to the Commission by aggregating the following
objective and measurable economic factors:
1.
The average dollar amount spent by an individual angler in pursuit of the same
species. This amount shall be calculated using information from the most recent
Arizona Anglers' Expenditures and the Economic Impact of Fishing in the State
which measures fishing expenditures, in combination with angler harvest data
gathered by the Department. This information shall be available on the
Department's website.
2. The
average body weight in pounds of aquatic meat for the unlawfully taken or
possessed species multiplied by the average price per pound of aquatic meat for
that same species or a similar species. Average body weight in pounds of
aquatic meat shall be calculated using the average body weight for the wildlife
taken, minus 40% of the average weight to account for the weight of the head,
entrails, and fins.
3. Recommended
values based on current market to cover hatchery expenses per fish, which
includes the cost to purchase, raise, feed, transport and release wildlife.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
A. In order to compensate the state for the value of lost or injured wildlife, the Commission may, pursuant to A.R.S. § 17-314, impose a civil penalty against any person for unlawfully taking, wounding, killing or possessing wildlife. Any civil penalties so imposed shall be equal to or greater than the applicable statutory-minimum sums found in A.R.S. § 17-314(A). The Commission may impose a civil penalty above the statutory-minimum sums where it has determined that the value of the lost or injured wildlife exceeds the statutory-minimum sums.
B. The Commission shall annually establish the value of lost or injured wildlife using objective and measurable economic criteria. When doing so, the Commission may consider objective economic criteria recommended by the Department or any other person .
C. The Department shall recommend the value of lost or injured wildlife to the Commission by aggregating the following objective and measurable economic factors:
1. The average dollar amount spent by an individual hunter in pursuit of the same species. This amount shall be calculated using information from the most recent National Survey of Fishing, Hunting and Wildlife-Associated Recreation conducted by the U.S. Fish and Wildlife Service and measures hunting and fishing expenditures, in combination with hunter harvest data gathered by the Department. This information shall be available on the Department's website.
2. The average dollar amount spent by an individual in an effort to view wildlife. This amount shall be calculated using information from the most recent National Survey of Fishing, Hunting and Wildlife-Associated Recreation conducted by the U.S. Fish and Wildlife Service and measures wildlife viewing expenditures, in combination with hunter harvest data gathered by the Department. This information shall be available on the Department's website.
3. The average body weight in pounds of meat for the unlawfully taken or possessed species multiplied by the average price per pound of ground meat for that same species or a similar species. Average body weight in pounds of meat shall be calculated using the average body weight for the wildlife taken, minus 30% of the average weight to account for the weight of the head, hide, offal, and bone.
4. When new data is not available, the Department may use Consumer Price Index (CPI) calculations to update the above factors in terms of U.S. dollars.
D. The most recent wildlife values established by the Commission shall be available on the Department's website.