Ariz. Admin. Code § R12-4-423 - Wildlife Rehabilitation License

A. For the purposes of this Section, "volunteer" means a person who: Is not designated as an agent, as defined under R12-4-401, Assists a wildlife rehabilitation license holder without compensation, and Is under the direct supervision of the license holder at the location specified on the wildlife rehabilitation license.

B. A wildlife rehabilitation license is issued for the sole purpose of restoring and returning wildlife to the wild through rehabilitative services. The license allows a person 18 years of age or older to conduct any of the following activities with live injured, disabled, orphaned or otherwise debilitated wildlife specified on the rehabilitation license:

1. Capture;

2. Euthanize;

3. Export to a licensed zoo, when authorized by the Department;

4. Receive from the public;

4. 5. Rehabilitate;

5. 6. Release;

6. 7. Temporarily possess;

7. 8. Transport; or

8. 9. Transfer to one of the following:

a. Licensed veterinarian for treatment or euthanasia;

b. Another appropriately licensed special license holder;

c. Licensed zoo, when authorized by the Department; or

9. 10. As otherwise directed in writing by the Department.

C. A wildlife rehabilitation license authorizes the possession of the following taxa or species:

1. Amphibians;

2. Reptiles;

3. Birds:

a. Non-passerines, birds in any order other than those named in subsections (b) through (e);

b. Birds in the orders Falconiformes or Strigiformes, raptors;

c. Birds in the order, Galliformes quails and turkeys;

d. Birds in the order Columbiformes, doves;

e. Birds in the order Trochiliformes, hummingbirds; and

f. Birds in the order Passeriformes, passerines;

4. Mammals:

a. Nongame mammals;

b. Bats;

c. Big game mammals other than cervids: bighorn sheep, bison, black bear, javelina, mountain lion, pronghorn;

d. Carnivores: bobcat, coati, coyote, foxes, raccoons, ringtail, skunks, and weasels; and

e. Small game mammals.

D. A wildlife rehabilitation license authorizes the possession of the following taxa or species only when specifically requested at the time of application:

1. Eagles;

2. Species listed under 50 CFR 17.11, revised October 1, 2019; and

3. The Department's Tier 1 Species of Greatest Conservation Need, as defined under R12-4-401.

4. For the purposes of subsection (D)(2), this incorporation by reference contains no future editions or amendments. The incorporated material is available at any Department office, online at www.gpo.gov, or may be ordered from the U.S. Government Printing Office, Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000.

E. All wildlife held under the license is the property of the state and shall be surrendered to the Department upon request.

F. The wildlife rehabilitation license expires on the last day of the third December from the date of issuance.

G. In addition to the requirements established under this Section, a wildlife rehabilitation license holder shall comply with the special license requirements established under R12-4-409.

H. The Department shall deny a wildlife rehabilitation license to a person who fails to meet the requirements and criteria established under R12-4-409, R12-4-428, or this Section or when the person's wildlife rehabilitation license is suspended or revoked in any state. The Department shall provide the written notice established under R12-4-409 to the applicant stating the reason for the denial. The person may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10.

I. The wildlife rehabilitation license holder shall be responsible for compliance with all applicable regulatory requirements; the license does not:

1. Exempt the license holder from any municipal, county, state, or federal codes, ordinances, statutes, rules, or regulations;

2. Authorize the license holder to engage in authorized activities using federally-protected wildlife, unless the license holder possesses a valid license, permit, or other form of documentation issued by the United States authorizing the license holder to use that wildlife in a manner consistent with the special license; or

3. Authorize the license holder to conduct any activities that constitutes the practice of veterinary medicine as prescribed under A.R.S. § 32-2231 whether or not a fee, compensation, or reward is directly or indirectly promised, offered, expected, received or accepted, unless the license holder is currently licensed to practice veterinary medicine in the state of Arizona.

J. Before applying for a wildlife rehabilitation license, a person shall correctly answer at least 80% of the questions on the Department administered written examination. The Department shall consider only those parts of the examination that are applicable to the taxa of wildlife for which the license is sought in establishing the qualifications of the applicant.

1. Examinations are provided by appointment, only.

2. An applicant may request a verbal or written examination.

3. The examination shall include questions regarding:

a. Wildlife rehabilitation;

b. Safe handling of wildlife;

c. Transporting wildlife;

d. Humane treatment;

e. Nutritional requirements;

f. Behavioral requirements;

g. Developmental requirements;

h. Ecological requirements;

i. Habitat requirements;

j. Captivity standards established under R12-4-428;

k. Human and wildlife safety considerations;

l. State statutes, rules, and regulations regarding wildlife rehabilitation; and

m. National Wildlife Rehabilitation Association minimum standards for wildlife rehabilitation.

4. The applicant must successfully complete the examination within three years prior to the date on which the initial application for the license is submitted to the Department.

K. An applicant for a wildlife rehabilitation license shall submit an application to the Department. The application is furnished by the Department and is available at any Department office and the Department's website. The applicant shall provide the following information on the application:

1. The applicant's information:

a. Name;

b. Date of birth;

c. Mailing address;

d. Telephone number;

e. Housing facility address, if different from mailing address;

f. Physical address or general location description and Global Positioning System location; and;

g. Department ID number, when applicable;

2. The wildlife taxa or species listed under subsection (C) that will be possessed under the license;

3. For each location where the applicant proposes to use wildlife, the land owner's:

a. Name;

b. Mailing address;

c. Telephone number; and

d. Physical address or general location description and Global Positioning System location;

4. A detailed description, diagram, and photographs of the housing facility where the applicant will hold the wildlife, and a description of how the housing facility complies with the captivity standards established under this Section;

5. Any other information required by the Department; and

6. The certification required under R12-4-409(C).

L. In addition to the requirements listed under subsection (K), at the time of application, an applicant for a wildlife rehabilitation license shall also submit:

1. Any one or more of the following:

a. A valid, current license issued by a state veterinary medical examination authority that authorizes the applicant to practice as a veterinarian;

b. Proof of at least six months of experience performing wildlife rehabilitative work with an average of at least eight hours each week for the taxa or species of animal listed on the application; or

c. A current and valid license, permit, or other form of authorization issued by another state or the federal government that allows the applicant to perform wildlife rehabilitation;

2. Proof the applicant successfully completed the examination required under subsection (J) no more than three years prior to submitting the initial application;

3. An affidavit signed by the applicant affirming either of the following:

a. The applicant is a licensed veterinarian; or

b. A licensed veterinarian is reasonably available to provide veterinary services as necessary to facilitate rehabilitation of wildlife.

4. A written statement describing:

a. The applicant's preferred method of disposing of non-releasable live wildlife as listed under subsection (B); and

b. The applicant's training and experience in handling, capturing, rehabilitating, and caring for the taxa or species when the applicant is applying for a license to perform authorized activities with taxa or species of wildlife listed under subsection (C).

M. A wildlife rehabilitation license holder who wishes to continue activities authorized under the license shall renew the license before it expires.

1. When renewing a license without change to the species, location, or design of the facility where wildlife is held as authorized under the current license, the license holder may reference supporting materials previously submitted in compliance with subsection (K).

2. A license holder applying for a renewal of the license shall successfully complete the examination at the time of renewal when the annual report submitted under subsection (Z) indicates the license holder did not perform any rehabilitative activities under the license.

3. A license holder applying for a renewal of the license shall submit proof the license holder has completed the continuing education requirement established under subsection (N).

N. During the license period a wildlife rehabilitation license holder shall complete eight or more hours of continuing education sessions on wildlife rehabilitation or veterinary medicine. Acceptable continuing education sessions may be obtained from:

1. An accredited university or college;

2. The National Wildlife Rehabilitators Association, 2625 Clearwater Rd. Suite 110, St. Cloud, MN 56301;

3. The International Wildlife Rehabilitation Council, PO Box 3197, Eugene, OR 97403; or

4. Other applicable training opportunities approved by the Department in writing. A license holder who wishes to use other applicable training to meet the eight hour continuing education requirement shall request approval of the other applicable training prior to participating in the education session.

O. At the time of application, a wildlife rehabilitation license holder may request authorization to allow an agent to assist the license holder in carrying out activities authorized under the wildlife rehabilitation license by submitting a written request to the Department.

1. An applicant may request the ability to allow a person to act as an agent on the applicant's behalf, provided:

a. An employment or supervisory relationship exists between the applicant and the agent,

b. The agent submits proof of at least six months of experience performing wildlife rehabilitative work with an average of at least eight hours each week, and

b. c. The agent's privilege to take or possess live wildlife is not suspended or revoked in any state.

d. An agent shall allow the Department to conduct inspections of an agent's facility when the agent intends to possess wildlife for more than 48 hours. The Department shall comply with A.R.S. § 41-1009 when conducting inspections at a license holder's facility.

2. The license holder shall obtain approval from the Department prior to allowing the agent assist in any activities.

3. The license holder is liable for all acts the agent performs under the authority of this Section.

4. The Department, acting on behalf of the Commission, may suspend or revoke a license for violation of this Section by an agent.

5. The license holder shall ensure the agent possesses a legible copy of the license while conducting any activity authorized under the wildlife rehabilitation license and presents it for inspection upon the request of any Department employee or agent.

P. At any time during the license period, a wildlife rehabilitation license holder may request permission to amend the license to add or delete an agent or a location where wildlife is held; or to obtain authority to rehabilitate additional taxa of wildlife. To request an amendment, the license holder shall submit the following information to the Department, as applicable:

1. To add or delete an agent, the information stated in subsections (K)(1) through (K)(4) (L)(2) as applicable to the agent, and proof of at least six months of experience performing wildlife rehabilitative work with an average of at least eight hours each week;

2. To add or delete a location, the information stated in subsection (K)(1) through (K)(5); and

3. To obtain authority to rehabilitate additional taxa or wildlife, the information stated in subsection (K)(1) through (K)(5) and (L)(1) through (L)(4).

Q. A wildlife rehabilitation license holder authorized to rehabilitate wildlife species listed under subsection (C)(3)(c), (C)(4)(c) and (C)(4)(d) or (D) shall contact the Department within 24 hours of receiving the individual animal to obtain instructions in handling or transferring that animal. While awaiting instructions, the license holder shall ensure that emergency veterinary care is provided as necessary.

R. A wildlife rehabilitation license holder shall:

1. Comply with all additional stipulations placed on the license by the Department, as authorized under R12-4-409(H).

2. Maintain records associated with the license for a period of five years following the date of disposition.

2. 3. Allow the Department to conduct inspections of an applicant's or license holder's facility and records at any time before or during the license period to determine compliance with the requirements of this Article. The Department shall comply with A.R.S. § 41-1009 when conducting inspections at a license holder's facility.

3. 4. Ensure each facility is inspected by the attending veterinarian at least once every year.

4. 5. Capture, remove, transport, and release wildlife held under the requirements of this Section in a manner that is least likely to cause injury to the affected wildlife.

5. 6. Conduct rehabilitation only at the location listed on the license

6. 7. Be responsible for all expenses incurred, including veterinary expenses, and all actions taken under the license, including all actions or omissions of all agents and volunteers when performing activities under the license.

7. 8. Immediately surrender wildlife held under the license to the Department upon request.

8. 9. Dispose of all wildlife that is euthanized or that otherwise dies within 30 days of death either by burial, incineration, or transfer to a scientific research institution, except that the license holder shall transfer all carcasses of endangered or threatened species, species listed under the Department's Tier 1 Species of Greatest Conservation Need, or eagles as directed by the Department.

9. 10. Maintain a current log that records the information specified under subsection (Z).

10. 11. Possess the license or legible copy of the license at each authorized location and while conducting any rehabilitation activities and presents it for inspection upon the request of any Department employee or agent.

11. 12. Ensure a copy of the wildlife rehabilitation license accompanies each transfer or shipment of wildlife.

13. Dispose of any raptor suspected or confirmed with West Nile Virus or poisoning, except for lead poisoning, by incineration.

14. Except as specified under subsection (R)(12), transfer the carcass or parts of the carcass of a deceased raptor as follows:

a. For a bald or golden eagle, send the entire body, including all feathers, talons, and other parts, to the National Eagle Repository, see https://www.fws.gov/eaglerepository/factsheets.php;

b. For any euthanized non-eagle raptor, to prevent secondary poisoning of other wildlife, either submit the carcass to a non-eagle repository or burn, bury, or otherwise destroy the carcass;

c. For all other species:

i. Submit the carcass to a non-eagle repository;

ii. Submit the carcass to the Department for submission to a non-eagle repository.

S. A wildlife rehabilitation license holder shall not:

1. Display for educational purposes any wildlife held under the license.

2. Exhibit any wildlife held under the license.

3. Permanently possess any wildlife held under the license.

T. A wildlife rehabilitation license holder may possess

1. all wildlife for no more than 90 days

2. Except a bird may be possessed for no more than 180 days, unless the Department has authorized possession for a longer period of time.

U. A license holder may request permission to possess wildlife for a longer period of time than specified in subsection (T) by submitting a written request to the Department.

1. The Department shall approve or deny the request within ten days of receiving the request.

2. For requests made due to a medical necessity, the Department may require the license holder to provide a written statement listing the medical reasons for the extension, signed by a licensed veterinarian.

3. The license holder may continue to hold the specified wildlife while the Department considers the request.

4. If the request is denied, the Department shall send a written notice to the license holder which shall include specific, time-dated directions for the surrender or disposition of the animal.

V. A wildlife rehabilitation license holder who also possesses a federal rehabilitator license may allow a licensed falconer to assist in conditioning a raptor in preparation for the raptor's release to the wild.

1. The license holder may allow the licensed falconer to temporarily remove the raptor from the license holder's facility while conditioning the raptor.

2. The license holder shall provide the licensed falconer with a written statement authorizing the falconer to assist the license holder.

3. The written statement shall identify the raptor by species, type of injury, and band number, when available.

4. The license holder shall ensure the licensed falconer returns the raptor to the license holder within the 180-day period established under subsection (T).

W. A wildlife rehabilitation license holder may hold wildlife under the license after the wildlife reaches a state of restored health only for the amount of time reasonably necessary to prepare the wildlife for release. Rehabilitated wildlife shall be released:

1. In an area without immediate threat to the wildlife or contact with humans;

2. During an ecologically appropriate time of year and time of day; and

3. Into a suitable habitat in the same geographic area where the animal was originally obtained; or

4. In an area designated by the Department.

X. Wildlife that is not releasable after the time-frames specified in subsection (T) shall be transferred, disposed of, or euthanized as determined by the Department.

Y. To permanently hold rehabilitated wildlife declared unsuitable for release by a licensed veterinarian, a wildlife rehabilitation license holder shall apply for and obtain a wildlife holding license in compliance with under R12-4-417.

Z. A wildlife rehabilitation license holder shall submit an annual report to the Department before January 31 of each year for the previous calendar year. The report form is furnished by the Department.

1. A report is required regardless of whether or not activities were performed during the previous year.

2. The wildlife rehabilitation license becomes invalid if the annual report is not submitted to the Department by January 31 of each year.

3. The Department will not process the special license holder's renewal application until the annual report is received by the Department.

4. The annual report shall contain the following information:

a. The license holder's:

i. Name;

ii. Mailing address; and

iii. Telephone number;

b. Each agent's:

i. Name;

ii. Mailing address; and

iii. Telephone number;

c. The permit or license number of any federal permits or licenses that relate to any rehabilitative function performed by the license holder;

d. For activities related to federally-protected wildlife, a copy of the rehabilitator's federal permit report of activities related to federally-protected wildlife; and

d. e. An itemized list of each animal held under the license during the calendar year for which activity is being reported. For each animal held by the license holder or agent, the itemization shall include:

i. Species;

ii. Condition that required rehabilitation;

iii. Date of acquisition;

iv. Source of acquisition;

v. Location of acquisition;

vi. Age class at acquisition, when reasonably determinable;

vii. Status at disposition or end-of-year in relation to the condition requiring rehabilitation;

viii. Method of disposition;

ix. Location of disposition; and

x. Date of disposition.

e. For activities related to federally-protected wildlife, a copy of the rehabilitator's federal permit report of activities related to federally-protected wildlife satisfies the reporting requirement established under subsection (Z)(4)(c) for federally protected wildlife.

AA. A wildlife rehabilitation license holder shall comply with the requirements established under R12-4-409, R12-4-428, and R12-4-430, as applicable.

Notes

Ariz. Admin. Code § R12-4-423

Adopted effective January 4, 1990 (Supp. 90-1). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 7 A.A.R. 2732, effective July 1, 2001 (Supp. 01-2). Amended by final rulemaking at 9 A.A.R. 3186, effective August 30, 2003 (Supp. 03-3). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 2813, effective 12/5/2015. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.