Ariz. Admin. Code § 12-4-217

Current through Register Vol. 30, No. 45, November 8, 2024

Section R12-4-217 - Challenged Hunter Access/Mobility Permit (CHAMP)

A. For the purposes of this Section, the following definitions apply:

"Healthcare provider" means a person who is licensed to practice by the federal government, any state, or U.S. territory with one of the following credentials:

Medical Doctor,

Doctor of Osteopathy,

Doctor of Chiropractic,

Nurse Practitioner, or

Physician Assistant.

"Severe permanent disability" means one or more permanent physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, intellectual disability, muscular dystrophy, musculoskeletal disorders, neurological disorders, paraplegia, pulmonary disorders, quadriplegia and other spinal cord conditions, sickle cell anemia, and end stage renal disease or a combination of permanent disabilities resulting in comparable substantial functional limitations.

B. The Challenged Hunter Access/Mobility Permit (CHAMP) allows a person with a severe permanent disability to perform one or more of the following activities:

1. Discharge a firearm or other legal hunting device from a motor vehicle if, under existing conditions:

a. The discharge is otherwise lawful;

b. The motor vehicle is not in motion;

c. The motor vehicle is not on any road, as defined under A.R.S. § 17-101; and

d. The motor vehicle's engine is turned off.

2. Discharge a firearm or other legal hunting device from a watercraft, as defined under R12-4-501; provided the motor is turned off, the sail furled, or both; and progress has ceased.

a. The watercraft may be drifting as a result of current or wind, beached, moored, resting at anchor, or propelled by paddle, oars, or pole.

b. A person may use a watercraft under power to retrieve dead or wounded wildlife.

c. For the purposes of this subsection, "watercraft" does not include a sinkbox.

3. Use off-road locations in a motor vehicle if use is not in conflict with federal or state statutes or regulations or local ordinances or regulations and the motor vehicle is used as a place to wait for game. A person shall not use a motor vehicle to chase or pursue game

4. Designate an assistant to track and dispatch a wounded animal, and to retrieve the animal, in accordance with the requirements of this Section.

C. The CHAMP holder shall comply with all applicable regulatory requirements. A CHAMP does not exempt the permit holder from any other applicable method of take or licensing requirement.

D. The CHAMP does not expire, unless:

1. The permit holder no longer meets the criteria for obtaining the CHAMP, or

2. The Commission revokes the person's hunting privileges under A.R.S. § 17-340. A person whose CHAMP is revoked by the Commission may petition the Commission for a rehearing as established under R12-4-607.

E. An applicant for a CHAMP shall apply by submitting an application to the Department. The application form is furnished by the Department and is available from any Department office on the Department's website. The CHAMP applicant shall provide all of the following information on the application

1 The applicant's:

a. Name;

b. Date of birth;

c. Physical description, to include the applicant's eye color, hair color, height, and weight;

d. Department identification number, when applicable;

e. Residency status;

f Mailing address, when applicable;

g. Physical address;

h. Telephone number, when available; and

i. E-mail address, when available;

2. Affirmation that:

a. The applicant meets the requirements of this Section, and

b. The information provided on the application is true and accurate, and

3. Applicant's signature and date.

4. The certification portion of the application shall be completed by a healthcare provider The healthcare provider shall:

a. Certify the applicant is a person with a severe permanent disability as defined under subsection (A), and

b. Provide the healthcare provider's:

i. Typed or printed name,

ii. Business address,

iii. Telephone number, and

iv. Signature and date;

F. In addition to the requirements listed above, at the time of application an applicant who is applying for a CHAMP shall pay the applicable fee required under R12-4-102.

G. All information and documentation provided by the applicant is subject to Department verification.

H. The applicant claiming a seve associated with obtaining the medical documentation, re-evaluation of the information, or a second medical opinion.

I. The Department shall deny a CHAMP when the applicant:

1. Fails to meet the criteria prescribed under this Section,

2. Fails to comply with the requirements of this Section, or

3. Provides false information during the application process.

J. The Department shall provide written notice to the applicant stating the reason for the denial. The applicant may appeal the denial to the Commission as prescribed in A.R.S. Title 41, Chapter 6, Article 10.

K. When acting under the authority of the CHAMP, the permit holder shall possess and exhibit the permit upon request to any peace officer, including wildlife managers and game rangers.

L. The CHAMP holder shall ensure the CHAMP vehicle placard, issued with the CHAMP, is visibly displayed on the motor vehicle or watercraft when in use.

M. The Department shall provide a CHAMP holder with a dispatch permit that allows the CHAMP holder to designate a licensed hunter as an assistant to:

1. Dispatch and retrieve an animal wounded by the CHAMP holder, or

2. Retrieve wildlife killed by the CHAMP holder

N. The CHAMP holder shall:

1. Designate an assistant only after the animal is wounded or killed.

2. Ensure the designation on the dispatch permit is in ink and includes:

a. A description of the animal,

b. The assistant's name and valid Arizona hunting license number,

c. The date and time the animal was wounded or killed, and

3. Ensure compliance with all of the following requirements:

a. The site where the animal is wounded and the location from which tracking begins are marked so they can be identified later

b. The assistant possesses the dispatch permit and a valid hunting license while tracking and dispatching the wounded animal. When acting under the authority of the dispatch permit, the assistant shall possess and exhibit the dispatch permit and hunting license upon request to any peace officer, including wildlife managers and game rangers.

c. The CHAMP holder is in the field while the assistant is tracking and dispatching the wounded animal.

d. The assistant does not transfer the dispatch permit to anyone except that the dispatch permit may be transferred back to the CHAMP holder.

e. Dispatch is made by a method that is lawful for the take of the particular animal in the particular season in accordance with requirements established under R12-4-304 and R12-4-318.

f. The assistant attaches the dispatch permit to the carcass of the animal and returns the carcass to the CHAMP holder, and the tag of the CHAMP holder is affixed to the carcass.

g. If the assistant is unsuccessful in locating and dispatching the wounded animal, the assistant returns the dispatch permit to the CHAMP holder. The CHAMP holder shall strike the name and authorization of the assistant from the dispatch permit.

O. A dispatch permit may not be reused when all spaces for designation of an assistant are filled or the dispatch permit is attached to a carcass. The CHAMP holder may request another dispatch permit from the Department if:

1. All spaces for assistants are filled,

2. The dispatch permit is lost, or

3. When the CHAMP holder needs another dispatch permit for another big game hunt.

P. A CHAMP holder shall not:

1. Transfer the permit to another person, or

2. Allow another person to use or possess the permit.

Ariz. Admin. Code § R12-4-217

Adopted effective October 9, 1980 (Supp. 80-5). Former Section R12-4-59 renumbered as Section R12-4-310 without change effective August 13, 1981 (Supp. 81-4). Former Section R12-4-310 renumbered as R12-4-217 and amended effective December 30, 1988 (Supp. 88-4). Correction, former Historical Note should read "Former Section R12-4-310 renumbered as R12-4-217 and amended effective January 1, 1989, filed December 30, 1988" (Supp. 89-2). Section repealed, new Section adopted effective January 1, 1996; filed in the Office of the Secretary of State December 18, 1995 (Supp. 95-4). Amended by final rulemaking at 6 A.A.R. 211, effective January 1, 2000 (Supp. 99-4). Amended by final rulemaking at 12 A.A.R. 212, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 20 A.A.R. 3045, effective 1/3/2015. Amended by final rulemaking at 26 A.A.R. 3229, effective 7/1/2021.