Ariz. Admin. Code § 12-4-610

Current through Register Vol. 30, No. 49, December 6, 2024

Section 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.

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.

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.