17-309. 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 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 Obtain a license or take wildlife during the period for which the person's license has been revoked or suspended or the person has been denied a license.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 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.
Notes of Decisions
Cited in
13
cases (
1 in the last 5 years), 1942–2022 · leading case:
State v. Slayton, 154 P.3d 1057 (Ariz. Ct. App. 2007).
State v. Slayton, 154 P.3d 1057 (Ariz. Ct. App. 2007).
· cites it 30× “Statutory History ¶ 16 As a whole, § 17-309 regulates hunting and fishing within Arizona.”
Findlay v. Bd. of Sup'rs of Cnty. of Mohave, 230 P.2d 526 (Ariz. 1951).
· cites it 4× “Provide for the care and maintenance of the indigent, sick and the dependent poor of the county; erect and maintain homes and hospitals therefor; provide in their discretion a farm in connection with the county hospital, and make regulations for working the same; * * * * * * "17.”
Associated Dairy Prods. Co. v. Page, 206 P.2d 1041 (Ariz. 1949).
· cites it 3× “In their briefs, however, they claim that the board acted entirely within its power in enacting said ordinance, and that section 17-309, A.C.A.1939, clearly delegates to said board the power to pass such ordinance.”
State v. Puryear, 590 P.2d 475 (Ariz. Ct. App. 1979).
· cites it 2× “§ 17-331; (2) use of an improper weapon for the taking of migratory birds, Game and Fish Commission Rule 12-4-53 (which is made a misdemeanor by A.R.S. § 17-309 A); and (3) use of an improper method of taking wildlife by shooting upon, from, or across or into a road or railway,…”
Indus. Comm'n v. Navajo Cnty., 167 P.2d 113 (Ariz. 1946).
· cites it 3× “” The power, right and duty of elected public officers to perform the duties prescribed by Sections 17-309(5), 17-346, and 17-401, A.”
Cnty. of Maricopa v. Anderson, 306 P.2d 268 (Ariz. 1957).
· cites it 3× “1956), purporting to prescribe the procedure the plaintiff must pursue in its exercise of the power of eminent domain, is unconstitutional; (2) that section 17-309(4), A.C.A.1939 *341 (now § 11-251, subd.”
State v. Wolfe, 669 P.2d 111 (Ariz. Ct. App. 1983).
· cites it 2× “Appellants appeal from the superior court judgment affirming their conviction for various game violations under A.R.S. § 17-309 initially entered by the Justice Court in Yuma County.”
Jones v. Santa Cruz Cnty., 236 P.2d 361 (Ariz. 1951).
· cites it 6× “Section 17-309, A.’C.A. 1939, in part reads as follows: “The board of supervisors, under such limitations and restrictions as are prescribed by law, may: * * * * * “5.”
State of Arizona v. James Hamberlin, 515 P.3d 159 (Ariz. Ct. App. 2022).
· cites it 34× “HAMBERLIN Opinion of the Court ¶1 The Apache Junction Justice Court convicted James Hamberlin of five violations of Arizona Administrative Code R12-4-319(B),1 prohibiting locating wildlife from or with the aid of an aircraft during a hunt in an open big game season, as…”
Lee v. Coleman, 159 P.2d 603 (Ariz. 1945).
· cites it 3× “” Section 17-309 enumerates the powers of the board of supervisors.”
Miller v. Wilson, 129 P.2d 668 (Ariz. 1942).
“Section 55-1003, supra; section 17-307 and section 17-309, subdiv. 22, Arizona Code 1939.”
Ralls v. Just. Court, 377 P.2d 194 (Ariz. 1962).
· cites it 2× “The record shows that a complaint was filed against the petitioner in the justice court of Sedona precinct, Coconino county, Arizona, on the 20th day of November, 1961, which was stated in two counts for violation of the game laws under A.R.S. § 17-309(C). Count 1 alleged the…”
— Ariz. Rev. Stat. § 17-309(1) — 1 case
Indus. Comm'n v. Navajo Cnty., 167 P.2d 113 (Ariz. 1946).
“” The power, right and duty of elected public officers to perform the duties prescribed by Sections 17-309(5), 17-346, and 17-401, A.”
— Ariz. Rev. Stat. § 17-309(4) — 1 case
Cnty. of Maricopa v. Anderson, 306 P.2d 268 (Ariz. 1957).
“1956), purporting to prescribe the procedure the plaintiff must pursue in its exercise of the power of eminent domain, is unconstitutional; (2) that section 17-309(4), A.C.A.1939 *341 (now § 11-251, subd.”
— Ariz. Rev. Stat. § 17-309(5) — 2 cases
Findlay v. Bd. of Sup'rs of Cnty. of Mohave, 230 P.2d 526 (Ariz. 1951).
“Provide for the care and maintenance of the indigent, sick and the dependent poor of the county; erect and maintain homes and hospitals therefor; provide in their discretion a farm in connection with the county hospital, and make regulations for working the same; * * * * * * "17.”
Jones v. Santa Cruz Cnty., 236 P.2d 361 (Ariz. 1951).
“Section 17-309, A.’C.A. 1939, in part reads as follows: “The board of supervisors, under such limitations and restrictions as are prescribed by law, may: * * * * * “5.”
— Ariz. Rev. Stat. § 17-309(A) — 1 case
State v. Slayton, 154 P.3d 1057 (Ariz. Ct. App. 2007).
“Statutory History ¶ 16 As a whole, § 17-309 regulates hunting and fishing within Arizona.”
— Ariz. Rev. Stat. § 17-309(A)(1) — 2 cases
State v. Slayton, 154 P.3d 1057 (Ariz. Ct. App. 2007).
“Statutory History ¶ 16 As a whole, § 17-309 regulates hunting and fishing within Arizona.”
State of Arizona v. James Hamberlin, 515 P.3d 159 (Ariz. Ct. App. 2022).
“HAMBERLIN Opinion of the Court ¶1 The Apache Junction Justice Court convicted James Hamberlin of five violations of Arizona Administrative Code R12-4-319(B),1 prohibiting locating wildlife from or with the aid of an aircraft during a hunt in an open big game season, as…”
— Ariz. Rev. Stat. § 17-309(A)(11) — 1 case
State v. Slayton, 154 P.3d 1057 (Ariz. Ct. App. 2007).
“Statutory History ¶ 16 As a whole, § 17-309 regulates hunting and fishing within Arizona.”
— Ariz. Rev. Stat. § 17-309(A)(16) — 1 case
State of Arizona v. James Hamberlin, 515 P.3d 159 (Ariz. Ct. App. 2022).
“HAMBERLIN Opinion of the Court ¶1 The Apache Junction Justice Court convicted James Hamberlin of five violations of Arizona Administrative Code R12-4-319(B),1 prohibiting locating wildlife from or with the aid of an aircraft during a hunt in an open big game season, as…”
— Ariz. Rev. Stat. § 17-309(A)(17) — 2 cases
State v. Slayton, 154 P.3d 1057 (Ariz. Ct. App. 2007).
“Statutory History ¶ 16 As a whole, § 17-309 regulates hunting and fishing within Arizona.”
State of Arizona v. James Hamberlin, 515 P.3d 159 (Ariz. Ct. App. 2022).
“HAMBERLIN Opinion of the Court ¶1 The Apache Junction Justice Court convicted James Hamberlin of five violations of Arizona Administrative Code R12-4-319(B),1 prohibiting locating wildlife from or with the aid of an aircraft during a hunt in an open big game season, as…”
— Ariz. Rev. Stat. § 17-309(A)(3)(1958) — 1 case
State v. Slayton, 154 P.3d 1057 (Ariz. Ct. App. 2007).
“Statutory History ¶ 16 As a whole, § 17-309 regulates hunting and fishing within Arizona.”
— Ariz. Rev. Stat. § 17-309(A)(5) — 1 case
State v. Slayton, 154 P.3d 1057 (Ariz. Ct. App. 2007).
“Statutory History ¶ 16 As a whole, § 17-309 regulates hunting and fishing within Arizona.”
— Ariz. Rev. Stat. § 17-309(B) — 1 case
State of Arizona v. James Hamberlin, 515 P.3d 159 (Ariz. Ct. App. 2022).
“HAMBERLIN Opinion of the Court ¶1 The Apache Junction Justice Court convicted James Hamberlin of five violations of Arizona Administrative Code R12-4-319(B),1 prohibiting locating wildlife from or with the aid of an aircraft during a hunt in an open big game season, as…”
— Ariz. Rev. Stat. § 17-309(C) — 2 cases
State v. Slayton, 154 P.3d 1057 (Ariz. Ct. App. 2007).
“Statutory History ¶ 16 As a whole, § 17-309 regulates hunting and fishing within Arizona.”
Ralls v. Just. Court, 377 P.2d 194 (Ariz. 1962).
“The record shows that a complaint was filed against the petitioner in the justice court of Sedona precinct, Coconino county, Arizona, on the 20th day of November, 1961, which was stated in two counts for violation of the game laws under A.R.S. § 17-309(C). Count 1 alleged the…”
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