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Article 11: Arizona Native Plants

Article 11, consisting of Sections R3-3-1101 through R3-3-1111 and Appendix A, recodified from 3 A.A.C. 4, Article 6 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1).

 

Section

R3-3-1101. Definitions

R3-3-1102. Protected Native Plant Destruction

R3-3-1103. Disposal and Salvage of Protected Native Plants by a State Agency

R3-3-1104. Protected Native Plant Permits; Tags; Fees

R3-3-1105. Scientific Permits

R3-3-1106. Protected Native Plant Surveys; Fee

R3-3-1107. Movement Permit; Tags, Metal Seals, and Cord Use

R3-3-1108. Salvage Assessed and Harvest Restricted Native Plants

R3-3-1109. Arizona Native Plant Law Education

R3-3-1110. Permit Denial, Revocation, and Suspension

R3-3-1111. Confiscation of Plants, Plant Parts, Wood, Fiber, or Artifacts as Evidence

R3-3-1101. Definitions

In addition to the definitions in A.R.S. § 3-901, the following terms apply to this Article:

"Agent" means a person authorized to manage, represent, and act for a landowner.

"Certificate of inspection for interstate shipments" means a certificate to transport protected native plants out of the state.

"Conservation" means prevention of exploitation, 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.

"Department" means the Arizona Department of Agriculture.

"Destroy" means to cause the death 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).

"Landowner" means a person who holds title to a parcel of land.

"Noncommercial salvage permit" means a permit required for the noncommercial salvage of a highly safeguarded native plant.

"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.

"Permittee" means any person who is issued a permit by the Department for removing and transporting protected native plants.

"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 assessed native plant permit" means a permit required to remove a native plant listed in Appendix A, subsection (C).

"Salvage restricted native plant permit" means a permit required to remove a native plant listed in Appendix A, subsection (B).

"Scientific permit" means a permit required to remove a native plant for a controlled experimental project by a qualified person.

"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.

"Survey" means the process by which a parcel of land is examined for the presence of protected native plants. A simple survey determines only whether protected native plants are present. A complete survey establishes the kind and number of each species present.

"Wood receipt" means a receipt issued by the Department to identify the lawful removal of a protected native plant harvested for fuel, being removed from its original growing site.

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Historical Note

New Section recodified from R3-4-601 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1). Amended by final rulemaking at 14 A.A.R. 811, effective May 3, 2008 (Supp. 08-1).

R3-3-1102. Protected Native Plant Destruction by a Private Landowner

A. Notice of intent.

1. Before a protected native plant is destroyed, the private landowner shall provide the following information to the Department on a form obtained from the Department:

a. Name, address, and telephone number of the landowner;

b. Name, address, and telephone number of the landowner's agent, if applicable;

c. Valid documentation indicating land ownership, including but not limited to a parcel identification number, tax assessment, or deed;

d. Legal description, map, address, or other description of the area, including the number of acres to be cleared, in which the protected native plants subject to the destruction are located;

e. Earliest date of plant destruction; and

f. Landowner's intent for the disposal or salvage of protected native plants on the land.

2. A landowner intending to destroy protected native plants on an area of less than one acre may submit the information required in subsection (A)(1) to the Department verbally.

B. A landowner shall not destroy a protected native plant until:

1. The landowner receives a written confirmation notice from the Department, and

2. Notice is given to the Department within the following minimum time periods:

a. Twenty days before the plants are destroyed over an area of less than one acre.

b. Thirty days before the plants are destroyed over an area of one acre or more but less than 40 acres.

c. Sixty days before the plants are destroyed over an area of 40 acres or more.

C. The Department shall provide a salvage operator or other interested person with a copy of a notice of intent submitted under this Section upon receipt of the private landowner's name, address, telephone number, and payment of an annual $25 nonrefundable fee.

Historical Note

New Section recodified from R3-4-602 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1). Amended by final rulemaking at 14 A.A.R. 811, effective May 3, 2008 (Supp. 08-1).

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R3-3-1103. Disposal and Salvage of Protected Native Plants by a State Agency

A. A state agency intending to remove or destroy protected native plants shall notify the Department, under A.R.S. § 3-905, and shall propose a method of disposal from the following list:

1. The plants may be sold at a public auction;

2. The plants may be relocated or transported to a different location on the same property or to another property owned by the state, without obtaining a permit;

3. The plants may be donated to nonprofit organizations as provided in A.R.S. § 3-916;

4. The plants may be donated to another state agency or political subdivision, without obtaining a permit; or

5. The plants may be salvaged or harvested by a member of the general public or a commercial dealer, if the person holds a permit as provided under A.R.S. § 3-906 or 3-907.

B. If the plants are highly safeguarded native plants, they shall first be made available to the holder of a scientific permit or a noncommercial salvage permit.

Historical Note

New Section recodified from R3-4-603 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1). Amended by final rulemaking at 14 A.A.R. 811, effective May 3, 2008 (Supp. 08-1).

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R3-3-1104. Protected Native Plant Permits; Tags; Seals; Fees

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. An applicant shall submit the following information to the Department on a form obtained from the Department, as applicable:

1. Name, business name, address, telephone number, Social Security number or tax identification number, and signature of the applicant;

2. Name and number of plants to be removed;

3. Purpose of the plant removal;

4. 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. Name, address, telephone number, and signature of the landowner;

b. Location of the permitted site and size of acreage;

c. Destination address where the plants will be transplanted;

d. Legal and physical description of the location of the original growing site; and

e. Parcel identification number for the permitted site or other documents proving land ownership.

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.

Historical Note

New Section recodified from R3-4-604 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1). Amended by final rulemaking at 14 A.A.R. 811, effective May 3, 2008 (Supp. 08-1).

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R3-3-1105. Scientific Permits; Noncommercial Salvage Permits

A. Scientific Permit

1. A person shall not collect any highly safeguarded or other protected native plants for a research project unless that person holds a scientific permit.

2. An applicant shall submit the following information to the Department on a form obtained from the Department:

a. Name, 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;

m. Signed affirmation by the applicant that the plants collected will not be sold or used for personal interests; and

n. Tax identification number, or if applicant is an individual, a Social Security number.

3. A scientific permit shall be issued if the applicant provides documentation that demonstrates the following:

a. A plan, pre-approved by the landowner, to restore the removal site to a natural appearance;

b. The removal and movement of the native plants shall be accomplished by a person experienced in native plant removal and transplantation;

c. The native plants used in the project shall remain accessible to the Department;

d. The ecology of the project site is beneficial to the growth of the specific plants in the project if practical;

e. Arrangements exist for a suitable permanent planting site for the surviving plants after the project's completion; and

f. Description of plant disposition and research hypothesis.

4. A scientific permit is valid for the calendar year in which it is issued.

B. Noncommercial salvage permit:

1. Highly safeguarded native plants may only be collected for conservation by a person holding a noncommercial salvage permit.

2. An applicant shall submit the following information to the Department, on a form obtained from the Department:

a. Name, 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. Date of the application; and

e. Signed affirmation by the applicant that the plants collected will not be sold or used for personal interests.

3. A noncommercial salvage permit shall be issued if all of the following conditions are met through documentation provided to the Department:

a. The native plants used in the project shall be accessible to the Department after transplant, and

b. The relocation site is beneficial to the growth of the specific plants in the project.

4. A noncommercial salvage permit is valid only for the transportation and the transplantation of the particular native plant.

Historical Note

New Section recodified from R3-4-605 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1). Amended by final rulemaking at 14 A.A.R. 811, effective May 3, 2008 (Supp. 08-1).

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R3-3-1106. Protected Native Plant Survey; Fee

A. Upon request, the Department may conduct a native plant survey. Upon completion, the Department shall notify the individual who made the request of:

1. The date the survey was performed;

2. The amount of the survey fee payable to the Department;

3. The name of Department personnel performing the survey;

4. Upon payment, the survey results including the names and numbers of protected native plants.

B. A person who requests a native plant survey shall pay the survey fee to the Department within 30 days from the date of the notification. The survey fee shall be based on time and travel expenses, except that no fee shall be charged for a determination of whether protected species exist on the land.

Historical Note

New Section recodified from R3-4-606 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1). Amended by final rulemaking at 14 A.A.R. 811, effective May 3, 2008 (Supp. 08-1).

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R3-3-1107. Movement Permits; Tags, Seals, and Cord Use

A. Any person moving a protected native plant, except a saguaro cactus, previously transplanted from its original growing site in Arizona and transplanting it to another location shall apply to the Department for a Movement Permit. The landowner from where the plant is being moved shall provide the following information on the permit application:

1. The name, telephone number, and signature of the landowner;

2. The location of the plant;

3. The name, address, and telephone number of the receiver;

4. The name, address, and telephone number of the carrier;

5. The number, species, and description of the plant being removed;

6. The tax parcel identification number; and

7. The date of the application.

B. Any person moving a saguaro cactus over four feet tall previously transplanted from its original growing site 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.

1. The name, telephone number, and signature of the landowner;

2. The address where the saguaro cactus is located;

3. The name, address, and telephone number of the receiver;

4. The name, address, and telephone number of the carrier;

5. The number, species, and description of the plant being removed;

6. The tax parcel identification number of the property where the saguaro cactus is being moved; and

7. The date of the application.

C. 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 agricultural inspection station nearest the port of entry. The Department shall place the protected native plant under "Warning Hold" to the nearest permitting office.

2. If an agricultural station is not in operation at the port of entry, the person shall declare the protected native plant at the nearest permitting office during normal office hours.

3. After the plants have been declared, the permitting office shall issue a Movement Permit and seal.

D. Any person moving protected native plants shall obtain the following seals from the Department and securely attach the appropriate seal to each protected native plant:

1. Protected native plant seals identify protected native plants, except saguaro cacti, that will be moved from locations that are not the original growing sites.

2. Imported seals identify all imported protected native plants.

E. Tag, seal, and cord attachment.

1. A permittee shall attach a tag to each protected native plant taken from its original growing site, using cord provided by the Department, before transport. No other type of rope, string, twine, or wire is allowed.

2. The cord shall be securely tied around the plant, and the tag attached so that it cannot be removed without breaking the seal or cutting the cord.

3. The tag shall be placed directly over the knot in the cord and the ends pressed firmly together sealing the knot so that it cannot be removed for reuse.

4. The protected native plant seal shall be placed directly over the knot and snapped firmly closed, sealing the knot.

5. The imported seal shall be attached directly to the plant.

6. Upon loading the plant, every effort shall be made to allow visibility of the tag during transport.

Historical Note

New Section recodified from R3-4-607 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1). Amended by final rulemaking at 14 A.A.R. 811, effective May 3, 2008 (Supp. 08-1).

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R3-3-1108. Recordkeeping; Salvage Assessed and Harvest Restricted Native Plants

A. Salvage Assessed Native Plants.

1. A permittee shall maintain a record of each protected native plant removed under an annual permit for two years from the date of each transaction and allow Department inspection of the records during normal business hours. The transaction record shall include the date salvage restricted protected native plants were removed and the permit and tag numbers.

2. Annually, by January 31, a permittee shall submit to the Department a copy of each transaction record for the prior calendar year.

B. Harvest Restricted Native Plants. A permittee shall submit to the Department by the tenth day of each month the transaction records for the previous month, or a written statement that no transactions were conducted for that month.

Historical Note

New Section recodified from R3-4-608 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1). Amended by final rulemaking at 14 A.A.R. 811, effective May 3, 2008 (Supp. 08-1).

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R3-3-1109. Arizona Native Plant Law Education

A. The Department may schedule seminars and training courses on an as-needed basis.

B. In addition to the following fees, charges for printed materials or pamphlets shall be assessed based upon printing and mailing costs:

1. A person attending a seminar or training course on Arizona native plant law shall pay a nonrefundable fee of $10 to the Department before attending the class.

2. A person convicted of violating Arizona native plant laws and ordered by a court to attend a native plant educational class shall pay a nonrefundable fee of $25 to the Department before attending the class. The Department shall provide written confirmation of satisfactory completion to a person ordered by a court to attend a class.

Historical Note

New Section recodified from R3-4-609 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1). Amended by final rulemaking at 14 A.A.R. 811, effective May 3, 2008 (Supp. 08-1).

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R3-3-1110. Permit Denial

Upon notice of denial of a permit, an applicant may request, in writing, that the Department provide an administrative hearing under A.R.S. Title 41, Chapter 6, Article 10, to appeal the denial.

Historical Note

New Section recodified from R3-4-610 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1). Amended by final rulemaking at 14 A.A.R. 811, effective May 3, 2008 (Supp. 08-1).

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R3-3-1111. Repealed
Historical Note

New Section recodified from R3-4-611 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1). Repealed by final rulemaking at 14 A.A.R. 811, effective May 3, 2008 (Supp. 08-1).

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