Ariz. Admin. Code § R12-4-610 - Petitions for the Closure of State or Federal Lands to Hunting, Fishing, Trapping, or Operation of Motor Vehicles

A. A person requesting that the Commission consider closing state or federal land to hunting, fishing, or trapping as provided under A.R.S. § 17-304(B) or R12-4-110, or closing roads or trails on state lands as provided under R12-4-110, shall submit a petition as prescribed in this Section before the Commission will consider the request.

B. A petitioner shall not address more than one contiguous closure request in a petition.

C. A petitioner submitting a petition that addresses the same contiguous closure request previously considered and denied by the Commission shall provide an additional written statement that includes rationale not previously considered by the Commission.

D. A petitioner shall submit the petition form to the Arizona Game and Fish Department, Director's Office, 5000 W. Carefree Highway, Phoenix, AZ 85086. The petition form is furnished by the Department and is available at any Department office and on the Department's website. The petition form shall contain all of the following information:

1. Petitioner identification:

a. When the petitioner is the leaseholder of the area proposed for closure:

i. Name of person;

ii. Lease number;

iii. Physical and mailing address, if different from the physical address;

iv. Contact telephone number; and

v. Email, when available;

b. When the petitioner is anyone other than the leaseholder of the area proposed for closure:

i. Name of person;

ii. Lease number;

iii. Physical and mailing address, if different from the physical address;

iv. Contact telephone number;

v. Email, when available; and

vi. Name of each group or organization or organizations that the petitioner represents; or

c. When the petitioner is a public agency:

i. Name of person;

ii. Name of agency;

iii. Petitioner's title;

iv. Lease number;

v. Agency's physical and mailing address, if different from the physical address;

vi. Contact telephone number; and

vii. Email, when available;

2. Type of closure requested:

a. Hunting,

b. Fishing,

c. Trapping, or

d. Operation of motor vehicles.

3. Reason for petition:

a. Each reason why the closure should be considered under R12-4-110, A.R.S. § 17-304(B), or A.R.S. § 17-452(A);

b. Any data or other justification supporting the reasons for the closure with clear reference to any exhibits that may be attached to the petition;

c. Each person or segment of the public the petitioner believes will be impacted by the closure, including any other valid licensees, lessees, or permittees that will or may be affected, and how they will be impacted, including both positive and negative impacts;

d. If the petitioner is a public agency, a summary of issues raised in any public hearing or public meeting regarding the petition and a copy of written comments received by the petitioning agency; and

e. A proposed alternate access route, under R12-4-110.

4. A concise map identifying the specific location of the proposed closure;

5. Petitioner's signature;

6. Date on which the petition was signed; and

7. Any other information required by the Department.

E. The Department shall determine whether the petition complies with the requirements established under A.R.S. § 17-452, R12-4-110, and this Section within 15 business days after receiving the petition.

1. If the petition meets these requirements, and provided the petitioner has not agreed to an alternative solution or withdrawn the petition, the Department, in accordance with the schedule in subsection (F), shall place the petition on the agenda for the Commission's next regularly scheduled open meeting and provide written notice to the petitioner of the meeting date.

1. The petitioner may present oral testimony in support of the petition at the Commission meeting, in accordance with the provisions established under R12-4-603 .

2. If a petition does not comply with the requirements prescribed under A.R.S. § 17-452, R12-4-110, and this Section:

a. The Department shall return the petition to the petitioner, and

b. Indicate in writing why the petition does not comply with this Section.

3. If the Department returns a petition to a petitioner for a reason that cannot be corrected, the Department shall serve on the petitioner a notice of appealable agency action under A.R.S. § 41-1092.03.

F. When the Department receives a petition not less than 60 calendar days before a regularly scheduled Commission meeting, the Department shall place the petition on the agenda for that meeting. A petition received after this time will be considered at the next regularly scheduled open meeting.

G. The petitioner may:

1. Present oral testimony in support of the petition at the Commission meeting, in accordance with the provisions established under R12-4-604.

2. Withdraw the petition or request a continuance to a later regularly scheduled open meeting at any time.

F. The petitioner shall submit a petition that:

1. Is typewritten, computer or word processor printed, or legibly handwritten, and double-spaced, on 8 1/2 x 11" paper;

2. Has a concise map that shows the specific location of the proposed closure;

3. Has the title "Petition for the Closure of Hunting, Fishing, or Trapping Privileges on Public Land" or "Petition for the Closure of Public Lands to the Operation of Motor Vehicles" at the top of the first page;

4. Is in four parts, with titles designating each part as prescribed in this subsection;

5. Has a "Part 1" with the title "Identification of Petitioner" and contains the following information, if applicable:

a. If the petitioner is the leaseholder of the area proposed for closure, the name, lease number, mailing address, and home telephone number of the petitioner;

b. If the petitioner is anyone other than the leaseholder, the name, mailing address, and telephone number of the leaseholder; the name, mailing address, and telephone number of the petitioner; and the name of each group or organization or organizations that the petitioner represents; or

c. If the petitioner is a public agency, the name and address of the agency and the name, title, and telephone number of the agency's representative regarding the petition.

6. Has a "Part 2" with the title "Request for Closure" and contains all of the following information, if applicable:

a. The type of closure requested: either a hunting, fishing, or trapping closure, or closure to the operation of motor vehicles;

b. A complete legal description of the area to be closed;

c. The name or identifying number of any road and the portion of the road affected by the closure; and

d. The dates proposed for the closure:

i. If the closure is to the operation of motor vehicles, the actual time period of the closure (up to five years), and whetheror not the closure is seasonal; or

ii. If the closure is for hunting, fishing, or trapping, whether or not the request is for a permanent closure or for some other period of time.

7. Has a "Part 3" with the title "Reason for Closure" and contains all of the following information, if applicable:

a. Each reason why the closure should be considered under R12-4-110, A.R.S. § 17-304(B), or A.R.S. § 17-452 (A) ;

b. Any data or other justification supporting the reasons for the closure with clear reference to any exhibits that may be attached to the petition;

c. Each individual or segment of the public the petitioner believes will be impacted by the closure, including any other valid licensees, lessees, or permittees that will or may be affected, and how they will be impacted, including both positive and negative impacts;

d. If the petitioner is a public agency, a summary of issues raised in any public hearing or public meeting regarding the petition and a copy of each written comment or document of concurrence authorized under A.R.S. § 17-452(A), received by the petitioning agency; and

e. A proposed alternate access route, under R12-4-110 .

8. Has a "Part 4" with the title "Dates and Signatures" and contains the following:

a. The original signature of the private party or the official contact named under subsection (F)(5)(a) or (b) of this Section, or, if the petitioner is a public agency, the signature of the agency head or the agency head's designee; and

b. The month, day, and year when the petition was signed.

Notes

Ariz. Admin. Code § R12-4-610

Adopted effective March 1, 1991; filed February 28, 1991 (Supp. 91-1). Amended effective January 1, 1993; filed December 18, 1992 (Supp. 92-4). Amended by final rulemaking at 10 A.A.R. 2245, effective July 6, 2004 (Supp. 04-2). Amended by final rulemaking at 16 A.A.R. 1465, effective July 13, 2010 (Supp. 10-3). Amended by final expedited rulemaking at 24 A.A.R. 393, effective 2/6/2018.