Reptile Regulations (Is it legal to...)

[necoris]

I have been reading the "Reptile and Amphibian Regulations" from the Arizona Game & Fish web site.

http://www.gf.state.az.us/pdfs/h_f/herp_regs.pdf

I want to know if it's legal to give away native species.

A.R.S. Sec. 17-306 states: "Importation, transportation, release or possession of live wildlife
No person shall import or transport into the state or sell, trade or release within the
state or have in his possession any live wildlife except as authorized by the
Commission or as defined in Title 3, Chapter 16."

R12-4-402. states: "LIVE WILDLIFE: PROHIBITED ACTS
A. A person shall not import or transport any live wildlife into the state,
or possess, offer for sale, sell, sell as live bait, trade, give away,
purchase, rent or lease, display for any purpose, propagate, stock, or
release within the state any live wildlife, or export any live wildlife, or
kill any captive wildlife, or operate a shooting preserve, except as
authorized by this Chapter or as defined in A.R.S. Title 3, Chapter 16.
A person may exhibit lawfully possessed wildlife only as authorized
by this Chapter or as defined in A.R.S. Title 3, Chapter 16."

I did look up A.R.S. Title 3 Chapter 16 and it was aquaculture which has nothing to do with reptiles.

The first one doesn't mention giving away animals, but the second one does and makes it illegal. I would like to know what I'm am and aren't allowed to do. Can I export any native but captive bred animals out of state but to give away, not for money? What about just giving away native species? What about giving away a long-term-captive native species? What about exporting any native species at all?

Thanks,
Dustin

[Andyr]

I believe if it's Native to AZ it must Remain in AZ.

Could be wrong, (doesn't happen a lot), but I'm sure more than one of our fine assembly of Board Browzers will be more than happy to point out if I am wrong. :D

[Brendan]

Dustin,

In reguards to 1. Can I export any native but captive bred animals out of state but to give away, not for money? You CAN gift away legal,native, captive bred animals to out of state friends with the intention that they not be sold or traded but many times once they are gone you have no control over it.
2.What about just giving away native species? As long as they are legally obtained your fine.
3.What about giving away a long-term-captive native species? Again the same rules apply. As long as it's a "gift" you can give it away.
4. What about exporting any native species at all? Exporting may imply that the animals are meant for trade so I would just stick to giving animals away to trust worthy friends. As far as sending the animals via shipping you must follow AZ law. No shipping hots through the USPS. I think it's a safer bet to have people pick the animals up wether hot or not.

Just take a look at sect R12-4-406 "Restricted Live Wildlife" for the animals that you cannot legally posses in AZ and if you don't have any of those then your probably ok. Just be careful who you gift stuff too because you have not control over them once they are gone.

[MikeB]

That the USPS doesn't allow shipping of any snakes, hot or otherwise. Lizards are ok though.

525 Nonmailable Live Animals
Nonmailable types of animals discovered in the mailstream must be reported
in accordance with the instructions in POM 139.118. Additionally, the mailer
and the post office of mailing must be notified to prevent future shipments
from being incorrectly accepted for mailing.
525.1 Live Birds
Live birds, other than the type of day-old poultry specified in 526.31, are
nonmailable. In addition, day-old poultry vaccinated with Newcastle disease
(live virus) is nonmailable. The following are some examples of nonmailable
birds:
a. Canaries.
b. Cockatiels.
c. Emus.
d. Finches.
e. Parakeets.
f. Parrots.
g. Adult birds, except those permitted under the conditions in DMM
C022.3.3 and C022.3.4.
Be aware that the preceding list is not all-inclusive. Generally, all types of
birds not listed in DMM C022 are nonmailable.
525.2 Live Warm-Blooded Animals
The following are examples of other live warm-blooded animals that are
nonmailable:
a. Cats or kittens.
b. Dogs or puppies.
c. Guinea pigs.
d. Hamsters.
e. Mice.
f. Rabbits.
525.3 Hazardous, Restricted, and Perishable Mail
80 Publication 52
g. Rats.
h. Squirrels and flying squirrels.
525.3 Reptiles
All snakes, turtles, and poisonous reptiles are nonmailable.
525.4 Poisonous Insects and Spiders
All poisonous insects and spiders, except scorpions under limited
circumstances (see 526.5), are nonmailable. Other nonpoisonous and
nondisease-conveying insects are permitted as stated in DMM C022.3.8 and
in Exhibit 526.6.

[necoris]

Thanks guys; Brendan, where did you find this information out? Is there a website I can visit or is it just word of mouth from one of the Arizona Game & Fish employees?

I wouldn't ever ship snakes with USPS because USPS is a federal business. I could get a felony if I did something wrong. It would also be dumb because other carriers allow shipment of snakes.

Thanks for the help Andy, Mike and Brendan.

Dustin

[Brendan]

Dustin,

It's actually stated in the G&F regs but sometimes deciphering it can be a challenge. They make reference to exportation in section R12-4-407 which states that "wildlife may be imported, possesed and exported if the wildlife is transported through the state within 72 hrs, the transportation is accomplished by 1 person without transfer or sale, and wildlife is accompanied by evidence of lawful possesion as defined in R12-4-401." This mostly pertains to transporting of animals through the state but under section R12-4-404 section C. it also states that progeny of native animals may be kept in excess of your bag limit for a period of 12 months upon which it must be "disposed of by gift or as directed by the dept." It makes no reference to the gift given to someone in or out of state so your fine to give them to anyone you see fit.

[necoris]

Thanks man; you've been most helpful.

Dustin

[Andyr]

I knew that someone would jump at the chance to correct me. LOL
Leave it to Brendan to not miss an opportunity. Just Kiddin'

Andy ><>

[necoris]

I always thought natives had to stay natives but I guess I was wrong. I mean, you can't forget about those people from out of state coming and picking up animals and taking them home, right? There has to be a legal way to do it or no one would ever do it; legally... lol :?

Dustin

[Brendan]

Andy,

I think we were actually posting at pretty much the same time. I just took me a few mins. longer because I type so darn slow. Have you seen my pics from last night and the message I left you on the site?

[Andyr]

in about two minutes. LOL

Andy><>