Ariz. Admin. Code § R3-3-1101 - Definitions
In addition to the definitions in A.R.S. § 3-901, the following terms apply to this Article:
"Authorized representative" means a project manager, project engineer, sub-contractor, or similar that is identified by the landowner on a Notice of Intent to Clear form, or amended form, as a person that has authorization from the landowner to salvage protected native plants on property owned or managed by the landowner.
"Certificate of inspection for interstate shipments" means a certificate to transport protected native plants out of the state.
"Collection" means a collection of one or more highly safeguarded native plants that are preserved, catalogued, and managed for the purpose of preserving that species of an Arizona native plant.
"Conservation" means prevention of exploitation, damage, destruction, or neglect of native plants while helping to ensure continued public use.
"Cord" means a specific type string or small rope issued by the Department for attaching tags and seals to protected native plants.
"Cord of wood" means a measurement of firewood equal to 128 cubic feet.
"Destroy" means to cause the death or irreparable damage of any protected native plant.
"Harvest restricted native plant permit" means a permit required to remove the by-products, fibers, or wood from a native plant listed in Appendix A, subsection (D).
"Highly safeguarded native plant" (A.R.S. § 3-903(B)(1)) means a group of plants that are threatened for survival or are in danger of extinction. Including the native plants listed in Appendix A, subsection (A) and those listed in the Endangered Species Act. The plants in this category may only be salvaged with the use of scientific or non-commercial salvage permits, tags and seals.
"Jurisdiction" means the applicability of the Arizona native plant laws of A.R.S. §§ 3-901 through 3-934 that apply within the boundaries of the state, except on designated Indian lands and federal lands. Federal land managers are to be cognizant of E.O. 13132 (64 FR 43255, August 10, 1999) when considering native plants on federal land. State law governs in areas within local political subdivision boundaries but does not prohibit more stringent native plant regulations or ordinances adopted by the political subdivision. Where the two are in conflict, state laws and rules supersede, or if complimentary, the most stringent of the two laws and rules shall apply.
"Original growing site" means a place where a plant is growing wild and is rooted to the ground or any property owned by the same landowner where a protected native plant is relocated or transplanted without an original transportation permit.
"Protected native plant" means any living plant or plant part listed in Appendix A and growing wild in Arizona.
"Protected native plant tag" means a tag issued by the Department to identify the lawful removal of a protected native plant, other than a saguaro cactus, from its original growing site.
"Saguaro tag" means a tag issued by the Department to identify a saguaro cactus being lawfully moved.
"Salvage" means to remove a protected native plant that would otherwise be destroyed in the land development process or other actions that would threaten the survival of the species of plant.
"Salvage assessed native plant" means plants categorized in Appendix A, subsection (C) of this Article, as described by A.R.S. § 3-903(B)(3), that are to be afforded the exclusive protections, involving the use of salvage tags and annual salvage permits, provided in this Article. The category contains native plants that are not subject to theft or vandalism, but nevertheless have salvage value.
"Salvage assessed native plant permit" means a permit required to remove a native plant listed in Appendix A, subsection (C). "Salvage restricted native plant" means plants categorized in Appendix A, subsection (B) of this Article, as described by A.R.S. § 3-903(B)(2), that are to be afforded the exclusive protections involving the use of salvage permits, tags, and seals provided in this Article. This category includes native plants that may be salvaged and transplanted but are nevertheless subject to high potential for damage by theft or vandalism.
"Salvage restricted native plant permit" means a permit required to remove a native plant listed in Appendix A, subsection (B).
"Securely tie" means to fasten in a tight and secure manner to prevent the removal of tags, seals, or cord for reuse.
"Small Native Plant" means any protected plant eight inches in height or less.
"State agency" has the same meaning as in A.R.S. § 3-901(3) it contains "any agency or political subdivision of the state."
Notes
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