A. A person shall not collect, transport, possess, sell, offer for sale,
dispose, or salvage protected native plants unless that person is 18 years of age or older and possesses an
appropriate permit.
B. Salvage restricted native plant permits.
1. An applicant for a salvage restricted native plant permit shall submit
the following information to the Department on a form obtained from the Department, as applicable, along with
any applicable fees outlined in
R3-3-1106 :
1.a. Name, business name, address, email address,
telephone number, and signature of the applicant;
2.b. Name and number of plants to be removed;
3.c. Purpose of the plant
removal;
4.d. Whether the
applicant has a conviction for a violation of a state or federal statute regarding the protection of native
plants within the previous five years;
5. Except for salvage assessed native
plants;
a.e.
Name, address, email address, telephone number, and signature of the landowner where the plants will be
removed;
b.f. Location of the
permitted site and size of acreage;
c.g. Destination address where the plants will be
transplanted or temporarily held before being sold, gifted, or otherwise distributed to a permanent
location;
d.h. Legal and
physical description of the location of the original growing site; and
e.i.
Parcel identification number for the permitted site or other documents proving land
ownership.
2. Salvage restricted native plant permits
and plant tags are valid for the calendar year in which they are issued. The tags expire at the end of the
calendar year unless the permit is renewed.
3. Exemptions. The
following are exemptions for the requirements of this subsection.
a. Plants
propagated or cultivated by human beings; or
b. Native plants
collected or salvaged by a homeowners' association or any other community based organization if the plants
are relocated in the community.
C.
Permit fees.
1. A person removing and transporting
protected native plants shall submit the following applicable fee to the Department with the permit
application:
a. Salvage assessed native plant permit,
annual use, $35;
b. Harvest restricted native plant permit,
annual use, $35;
c. All other native plant permits, one-time
use, $7;
d. Certificate of inspection for interstate
shipments, $15.
2. Exemptions. Protected native plants are
exempt from fees if:
a. The protected native plants intended for
personal use by a landowner are taken from one piece of land owned by the landowner to another piece of land
also owned by the landowner, remain on the property of the landowner, and are not sold or offered for
sale;
b. The protected native plants are collected
for scientific purposes; or
c. A landowner donates the protected native
plant to a scientific, educational, or charitable institution.
D.
Tag and harvesting fees.
1. Any person obtaining a saguaro tag or other
protected native plant tag or receipt shall submit the following applicable fee to the Department at the time
a tag is obtained:
a. Saguaro, $8 per plant;
b. Trees cut for firewood and listed in the
harvest restricted category, $6 per cord of wood;
c. Small native plant, $.50 per
plant;
d. Any other protected native plant referenced
in A.R.S. § 3-903(B) and (C) and listed in Appendix A, $6 per plant.
2. The fee for harvesting nolina or yucca
parts is $6 per ton. Payment shall be made to the Department in the following manner:
a. Unprocessed nolina or yucca fiber shall be
weighed on a state-certified bonded scale; and
b. The harvester shall submit payment and
weight certificates to the Department no later than the tenth day of the month following each
harvest.
E.
Seal fees. A person obtaining a seal shall submit a $.15 per plant fee to the
Department at the time a seal is obtained.
F.
Salvage assessed native plant permits and plant tags are valid for the calendar
year in which they are issued. The tags expire at the end of the calendar year unless the permit is
renewed.
C. Salvage assessed
native plant permits
1. An applicant for a salvage assessed native plant
permit shall submit the following information to the Department on a form obtained from the Department, as
applicable, along with any applicable fees outlined in
R3-3-1106 :
a. Name,
business name, address, email address, telephone number, and signature of the applicant;
b. Names of the salvage assessed plants to be
collected.
2. Salvage assessed native plant permits and
plant tags are valid for the calendar year in which they are issued. The tags expire at the end of the
calendar year unless the permit is renewed.
3. Exemptions. The
following are exemptions for the requirements of this subsection.
a. Plants
propagated or cultivated by human beings; or
b. Native plants
collected or salvaged by a homeowners' association or any other community based organization if the plants
are relocated in the community.
D. Harvest
restricted native plant permit and receipts.
1. Any person harvesting the
wood, fiber, or by-product of a plant listed in subsection (D) of Appendix A of more than one-hundred pounds,
or more than two cords of wood, shall apply for a harvest restricted permit and receipts by submitting the
following information to the Department, on a form obtained from the Department, along with any applicable
fees outlined in
R3-3-1106(C)(2) :
a. Name, address, email address and
telephone number of the applicant applying for the permit;
b. The
legal land description where the harvesting will take place;
c.
For wood products, the number of cords to be collected;
d. For
Nolina or Yucca fiber, the numbers of pounds to be collected;
e.
Name, address, email address, telephone number, and signature of land owner(s)
2. Permits and unused receipts issued under this subsection are
non-transferable and must be in the possession of the permit holder during harvesting and
transport.
3. Receipts for harvest restricted materials that are
sold must be transferred to a purchaser as proof of ownership.
4.
Exemptions. The following are exemptions for the requirements of this subsection.
a. Material harvested from lands managed by the federal government provided
a person is in possession of a valid permit issued by the federal land management agency.
b. Material harvested with written permission from a private land owner or
tenant, from other than state-owned land or other public land, and:
i. Is
one-hundred pounds or less for Yucca or Nolina fiber; or
ii. Is
two cords or less of wood.
c. The use of dead wood for
campfires or cooking.
d. Dead harvest restricted plants,
collected by a land owner or tenant.
E.
Scientific Permit. In addition to the requirements of A.A.C.
R3-3-1105(A), the following application
requirements apply:
1. An applicant shall submit the following information
to the Department on a form obtained from the Department, along with any applicable fees outlined in
R3-3-1106 :
a. Name, address, email address and telephone number of the
company or research facility applying for the permit;
b. Name,
title and experience of the person conducting the research project;
c. Purpose and intent of the research project;
d. Controls to be used;
e.
Variables to be considered;
f. Time-frame for the
project;
g. Anticipated results and plans for
publication;
h. Reports and recordkeeping that will be used to
monitor the project;
i. Project funding source;
j. Funding of the company or research facility;
k. Written authorization from the landowner for collection of the
plants;
l. Date of the application; and
m. Signed affirmation by the applicant that the plants collected will not
be sold or used for personal interests.
2. A
scientific permit is valid for the calendar year in which it is issued.
3. A scientific permit holder may amend their permit anytime by submitting
the updated information to the Department.
4. An applicant may
also submit proof of a current scientific permit issued by a federal agency or state political subdivision
and any additional information to the requirements of
R3-3-1104(E)(1) not provided in the existing scientific
permit.
F. Non-commercial Salvage Permit. In addition
to the requirements of A.A.C.
R3-3-1105(B), the following application requirements apply:
1. An applicant shall submit the following information to the Department,
on a form obtained from the Department, along with any applicable fees outlined in
R3-3-1106 :
a. Name, address, email address and telephone number of the applicant
applying for the permit;
b. Proposed relocation site for the
plants;
c. Written authorization from the landowner for
collection of the plants;
d. The number, species, and description
of the plants being salvaged;
e. Date of the application;
and
f. Signed affirmation by the applicant that the plants
collected will not be sold or used for personal interests.
2. A non-commercial salvage permit is valid only for the transportation and
the transplantation of the identified native plants indicated on the permit application. A non-commercial
salvage permit holder may amend their permit anytime by submitting the updated information to the Department
with written authorization from the landowner.
3. A
non-commercial salvage permit is valid for the calendar year in which they are issued. The tags expire at the
end of the calendar year unless the permit is renewed.
4. Plants
propagated or cultivated by human beings are exempt from these requirements.
G. Movement Permit. In addition to the saguaro tag obtained pursuant to
R3-3-1106(C)(1)(a), any person moving or salvaging a saguaro cactus over four feet tall from a location other
than its original growing location in Arizona and transplanting it to another location shall apply to the
Department for a Movement Permit. The landowner from where the saguaro cactus is being moved shall provide
the following information on the permit application, unless the applicant maintains a record of the original
permit or verifies the Department has a record of a previous legal movement of the cactus by the applicant.
Saguaro cactus that are propagated or cultivated by humans are exempt from this requirement.
1. The name, mailing address, email address, telephone number, and
signature of the landowner;
2. The address or parcel
identification number where the saguaro cactus is located;
3. The
name, mailing address, email address, and telephone number of the receiver;
4. The name, mailing address, and telephone number of the
carrier;
5. The number, species, and description of the plant
being removed;
6. The parcel identification number of the
property where the saguaro cactus is being moved; and
7. The date
of the application.
H. Movement of protected native
plants obtained outside Arizona.
1. Any person moving a protected native
plant obtained outside Arizona and transporting and planting it within the state shall declare the protected
native plant at the nearest Department office location during normal business hours, office locations can be
found by calling 602-542-3578 or by visiting the Department's website at
https://agriculture.az.gov/plantsproduce/native-plants.
2. To ensure compliance with A.A.C.
R3-4-239, shipments originating from an
area under quarantine for imported fire ants, the Department shall place the protected native plant under
quarantine and direct the shipment to a certified quarantine holding area for inspection.
3. After the plants have been declared, permit and seal fees have been
paid, the permitting office shall issue a Movement Permit and appropriate number of
seals.
