Senate Engrossed House Bill hunting; fishing; license; deferred prosecution State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 CHAPTER 54 HOUSE BILL 2603 AN ACT amending sections 17-309 and 17-340, Arizona Revised Statutes; RELATING to the game and fish commission. (TEXT OF BILL BEGINS ON NEXT PAGE)
Senate Engrossed House Bill hunting; fishing; license; deferred prosecution
State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
CHAPTER 54
HOUSE BILL 2603
Senate Engrossed House Bill
hunting; fishing; license; deferred prosecution
State of Arizona
House of Representatives
Fifty-seventh Legislature
First Regular Session
2025
CHAPTER 54
HOUSE BILL 2603
AN ACT
amending sections 17-309 and 17-340, Arizona Revised Statutes; RELATING to the game and fish commission.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Section 17-309, Arizona Revised Statutes, is amended to read: START_STATUTE17-309. Violations; classification A. Unless otherwise prescribed by this title, it is unlawful for a person to: 1. Violate any provision of this title or any rule adopted pursuant to this title. 2. Take, possess, transport, release, buy, sell or offer or expose for sale wildlife except as expressly permitted by this title. 3. Destroy, injure or molest livestock, growing crops, personal property, notices or signboards, or other improvements while hunting, trapping or fishing. 4. Discharge a firearm while taking wildlife within one-fourth mile of an occupied farmhouse or other residence, cabin, lodge or building without permission of the owner or resident. 5. Take a game bird, game mammal or game fish and knowingly permit allow an edible portion thereof to go to waste, except as provided in section 17-302. 6. Take big game, except bear or mountain lion, with the aid of dogs. 7. Make more than one use of a shipping permit or coupon issued by the commission. 8. Obtain a license or take wildlife during the period for which the person's license has been revoked or suspended or the person has been denied a license. 9. Litter hunting and fishing areas while taking wildlife. 10. Take wildlife during the closed season. 11. Take wildlife in an area closed to the taking of that wildlife. 12. Take wildlife with an unlawful device. 13. Take wildlife by an unlawful method. 14. Take wildlife in excess of the bag limit. 15. Possess wildlife in excess of the possession limit. 16. Possess or transport any wildlife or parts of the wildlife that was unlawfully taken. 17. Possess or transport the carcass of big game without a valid tag being attached. 18. Use the edible parts of any game mammal or any part of any game bird or nongame bird as bait. 19. Possess or transport the carcass or parts of a carcass of any wildlife that cannot be identified as to species and legality. 20. Take game animals, game birds and game fish with an explosive compound, a poison or any other deleterious substances. 21. Import into this state or export from this state the carcass or parts of a carcass of any wildlife unlawfully taken or possessed. B. Unless a different or other penalty or punishment is specifically prescribed, a person who violates any provision of this title, or who violates or fails to comply with a lawful order or rule of the commission, is guilty of a class 2 misdemeanor. C. A person who knowingly takes any big game during a closed season or who knowingly possesses, transports or buys any big game that was unlawfully taken during a closed season is guilty of a class 1 misdemeanor. D. A person is guilty of a class 6 felony who knowingly: 1. Barters, sells or offers for sale any big game or parts of big game taken unlawfully. 2. Barters, sells or offers for sale any wildlife or parts of wildlife unlawfully taken during a closed season. 3. Barters, sells or offers for sale any wildlife or parts of wildlife imported or purchased in violation of this title or a lawful rule of the commission. 4. Assists another person for monetary gain with the unlawful taking of big game. 5. Takes or possesses wildlife while under permanent revocation under section 17-340, subsection B c, paragraph 3. E. A peace officer who knowingly fails to enforce a lawful rule of the commission or this title is guilty of a class 2 misdemeanor.END_STATUTE Sec. 2. Section 17-340, Arizona Revised Statutes, is amended to read: START_STATUTE17-340. Revocation, suspension and denial of privilege of taking wildlife; civil penalty; notice; violation; classification A. On conviction, on entering a deferred prosecution agreement or after adjudication as a delinquent juvenile as defined in section 8-201 and in addition to other penalties prescribed by this title, the commission, after a public hearing, may revoke or suspend a license issued to any person under this title and deny the person the right to secure another license to take or possess wildlife for a period of not to exceed five years for: 1. Unlawful taking, unlawful selling, unlawful offering for sale, unlawful bartering or unlawful possession of wildlife. 2. Careless use of firearms that resulted in the injury or death of any person. 3. Destroying, injuring or molesting livestock, or damaging or destroying growing crops, personal property, notices or signboards or other improvements while hunting, trapping or fishing. 4. Littering public hunting or fishing areas while taking wildlife. 5. Knowingly allowing another person to use the person's big game tag, except as provided by section 17-332, subsection D. 6. A violation of section 17-303, 17-304, 17-316 or 17-341 or section 17-362, subsection A. 7. A violation of section 17-309, subsection A, paragraph 5 involving a waste of edible portions other than meat damaged due to the method of taking as follows: (a) Upland game birds, migratory game birds and wild turkey: breast. (b) Deer, elk, pronghorn (antelope), bighorn sheep, bison (buffalo) and peccary (javelina): hind quarters, front quarters and loins. (c) Game fish: fillets of the fish. 8. A violation of section 17-309, subsection A, paragraph 1 involving any unlawful use of aircraft to take, assist in taking, harass, chase, drive, locate or assist in locating wildlife. 9. a violation of title 13 involving the taking or possession of wildlife. b. an active license revocation for an agreement to defer prosecution terminates after the licensee provides proof to the commission that: 1. The licensee satisfactorily completed the terms and obligations of a deferred prosecution program. 2. the criminal charges filed against the licensee are dismissed. 3. the licensee completed all required training courses. 4. the licensee paid in full all civil penalties imposed pursuant to section 17-314. B. c. On conviction or after adjudication as a delinquent juvenile and in addition to any other penalties prescribed by this title: 1. For a first conviction or a first adjudication as a delinquent juvenile, for unlawfully taking or wounding wildlife at any time or place, the commission, after a public hearing, may revoke, suspend or deny the person's privilege to take wildlife for a period of up to five years. 2. notwithstanding subsection b of this section, for a second conviction, on ENTERING a second agreement to defer prosecution, or for a second adjudication as a delinquent juvenile or any combination of convictions, deferred prosecution agreements or adjudications that constitute a second final disposition, for unlawfully taking or wounding wildlife at any time or place, the commission, after a public hearing, may revoke, suspend or deny the person's privilege to take wildlife for a period of up to ten years. 3. notwithstanding subsection b of this section, for a third conviction, on ENTERING a third agreement to defer prosecution, or for a third adjudication as a delinquent juvenile or any combination of convictions, deferred prosecution agreements or adjudications that constitute a third final disposition, for unlawfully taking or wounding wildlife at any time or place, the commission, after a public hearing, may revoke, suspend or deny the person's privilege to take wildlife permanently. C. d. In accordance with title 41, chapter 6, article 10 and notwithstanding subsection A of this section, a person against whom the commission imposes a civil penalty under section 17-314 for the unlawful taking, wounding, killing or possession of wildlife may be denied the right to obtain a license to take wildlife until the person has made full payment of pays the civil penalty in full. D. e. On receiving a report from the licensing authority of a state that is a party to the wildlife violator compact adopted under chapter 5 of this title that a resident of this state has failed to comply with the terms of a wildlife citation, the commission, after a public hearing, may suspend any license issued under this title to take wildlife until the licensing authority furnishes satisfactory evidence of compliance with the terms of the wildlife citation. E. f. In carrying out this section, the director shall notify the licensee, within one hundred eighty days after conviction, to appear and show cause why the license should not be revoked, suspended or denied. The notice may be served personally or by certified mail sent to the address appearing on the license. F. g. The commission shall furnish to license dealers the names and addresses of persons whose licenses have been revoked or suspended, and the periods for which they have been denied the right to secure licenses. G. h. The commission may use the services of the office of administrative hearings to conduct hearings and to make recommendations to the commission pursuant to this section. H. i. Except for a person who takes or possesses wildlife while under permanent revocation, a person who takes wildlife in this state, or attempts to obtain a license to take wildlife, at a time when the person's privilege to do so is suspended, revoked or denied under this section is guilty of a class 1 misdemeanor.END_STATUTE
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 17-309, Arizona Revised Statutes, is amended to read:
START_STATUTE17-309. Violations; classification
A. Unless otherwise prescribed by this title, it is unlawful for a person to:
1. Violate any provision of this title or any rule adopted pursuant to this title.
2. Take, possess, transport, release, buy, sell or offer or expose for sale wildlife except as expressly permitted by this title.
3. Destroy, injure or molest livestock, growing crops, personal property, notices or signboards, or other improvements while hunting, trapping or fishing.
4. Discharge a firearm while taking wildlife within one-fourth mile of an occupied farmhouse or other residence, cabin, lodge or building without permission of the owner or resident.
5. Take a game bird, game mammal or game fish and knowingly permit allow an edible portion thereof to go to waste, except as provided in section 17-302.
6. Take big game, except bear or mountain lion, with the aid of dogs.
7. Make more than one use of a shipping permit or coupon issued by the commission.
8. Obtain a license or take wildlife during the period for which the person's license has been revoked or suspended or the person has been denied a license.
9. Litter hunting and fishing areas while taking wildlife.
10. Take wildlife during the closed season.
11. Take wildlife in an area closed to the taking of that wildlife.
12. Take wildlife with an unlawful device.
13. Take wildlife by an unlawful method.
14. Take wildlife in excess of the bag limit.
15. Possess wildlife in excess of the possession limit.
16. Possess or transport any wildlife or parts of the wildlife that was unlawfully taken.
17. Possess or transport the carcass of big game without a valid tag being attached.
18. Use the edible parts of any game mammal or any part of any game bird or nongame bird as bait.
19. Possess or transport the carcass or parts of a carcass of any wildlife that cannot be identified as to species and legality.
20. Take game animals, game birds and game fish with an explosive compound, a poison or any other deleterious substances.
21. Import into this state or export from this state the carcass or parts of a carcass of any wildlife unlawfully taken or possessed.
B. Unless a different or other penalty or punishment is specifically prescribed, a person who violates any provision of this title, or who violates or fails to comply with a lawful order or rule of the commission, is guilty of a class 2 misdemeanor.
C. A person who knowingly takes any big game during a closed season or who knowingly possesses, transports or buys any big game that was unlawfully taken during a closed season is guilty of a class 1 misdemeanor.
D. A person is guilty of a class 6 felony who knowingly:
1. Barters, sells or offers for sale any big game or parts of big game taken unlawfully.
2. Barters, sells or offers for sale any wildlife or parts of wildlife unlawfully taken during a closed season.
3. Barters, sells or offers for sale any wildlife or parts of wildlife imported or purchased in violation of this title or a lawful rule of the commission.
4. Assists another person for monetary gain with the unlawful taking of big game.
5. Takes or possesses wildlife while under permanent revocation under section 17-340, subsection B c, paragraph 3.
E. A peace officer who knowingly fails to enforce a lawful rule of the commission or this title is guilty of a class 2 misdemeanor.END_STATUTE
Sec. 2. Section 17-340, Arizona Revised Statutes, is amended to read:
START_STATUTE17-340. Revocation, suspension and denial of privilege of taking wildlife; civil penalty; notice; violation; classification
A. On conviction, on entering a deferred prosecution agreement or after adjudication as a delinquent juvenile as defined in section 8-201 and in addition to other penalties prescribed by this title, the commission, after a public hearing, may revoke or suspend a license issued to any person under this title and deny the person the right to secure another license to take or possess wildlife for a period of not to exceed five years for:
1. Unlawful taking, unlawful selling, unlawful offering for sale, unlawful bartering or unlawful possession of wildlife.
2. Careless use of firearms that resulted in the injury or death of any person.
3. Destroying, injuring or molesting livestock, or damaging or destroying growing crops, personal property, notices or signboards or other improvements while hunting, trapping or fishing.
4. Littering public hunting or fishing areas while taking wildlife.
5. Knowingly allowing another person to use the person's big game tag, except as provided by section 17-332, subsection D.
6. A violation of section 17-303, 17-304, 17-316 or 17-341 or section 17-362, subsection A.
7. A violation of section 17-309, subsection A, paragraph 5 involving a waste of edible portions other than meat damaged due to the method of taking as follows:
(a) Upland game birds, migratory game birds and wild turkey: breast.
(b) Deer, elk, pronghorn (antelope), bighorn sheep, bison (buffalo) and peccary (javelina): hind quarters, front quarters and loins.
(c) Game fish: fillets of the fish.
8. A violation of section 17-309, subsection A, paragraph 1 involving any unlawful use of aircraft to take, assist in taking, harass, chase, drive, locate or assist in locating wildlife.
9. a violation of title 13 involving the taking or possession of wildlife.
b. an active license revocation for an agreement to defer prosecution terminates after the licensee provides proof to the commission that:
1. The licensee satisfactorily completed the terms and obligations of a deferred prosecution program.
2. the criminal charges filed against the licensee are dismissed.
3. the licensee completed all required training courses.
4. the licensee paid in full all civil penalties imposed pursuant to section 17-314.
B. c. On conviction or after adjudication as a delinquent juvenile and in addition to any other penalties prescribed by this title:
1. For a first conviction or a first adjudication as a delinquent juvenile, for unlawfully taking or wounding wildlife at any time or place, the commission, after a public hearing, may revoke, suspend or deny the person's privilege to take wildlife for a period of up to five years.
2. notwithstanding subsection b of this section, for a second conviction, on ENTERING a second agreement to defer prosecution, or for a second adjudication as a delinquent juvenile or any combination of convictions, deferred prosecution agreements or adjudications that constitute a second final disposition, for unlawfully taking or wounding wildlife at any time or place, the commission, after a public hearing, may revoke, suspend or deny the person's privilege to take wildlife for a period of up to ten years.
3. notwithstanding subsection b of this section, for a third conviction, on ENTERING a third agreement to defer prosecution, or for a third adjudication as a delinquent juvenile or any combination of convictions, deferred prosecution agreements or adjudications that constitute a third final disposition, for unlawfully taking or wounding wildlife at any time or place, the commission, after a public hearing, may revoke, suspend or deny the person's privilege to take wildlife permanently.
C. d. In accordance with title 41, chapter 6, article 10 and notwithstanding subsection A of this section, a person against whom the commission imposes a civil penalty under section 17-314 for the unlawful taking, wounding, killing or possession of wildlife may be denied the right to obtain a license to take wildlife until the person has made full payment of pays the civil penalty in full.
D. e. On receiving a report from the licensing authority of a state that is a party to the wildlife violator compact adopted under chapter 5 of this title that a resident of this state has failed to comply with the terms of a wildlife citation, the commission, after a public hearing, may suspend any license issued under this title to take wildlife until the licensing authority furnishes satisfactory evidence of compliance with the terms of the wildlife citation.
E. f. In carrying out this section, the director shall notify the licensee, within one hundred eighty days after conviction, to appear and show cause why the license should not be revoked, suspended or denied. The notice may be served personally or by certified mail sent to the address appearing on the license.
F. g. The commission shall furnish to license dealers the names and addresses of persons whose licenses have been revoked or suspended, and the periods for which they have been denied the right to secure licenses.
G. h. The commission may use the services of the office of administrative hearings to conduct hearings and to make recommendations to the commission pursuant to this section.
H. i. Except for a person who takes or possesses wildlife while under permanent revocation, a person who takes wildlife in this state, or attempts to obtain a license to take wildlife, at a time when the person's privilege to do so is suspended, revoked or denied under this section is guilty of a class 1 misdemeanor.END_STATUTE
APPROVED BY THE GOVERNOR APRIL 14, 2025. FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 14, 2025.
APPROVED BY THE GOVERNOR APRIL 14, 2025.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 14, 2025.