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Minutes of the Meeting of the

Arizona Game and Fish Commission

Friday, February 16, 2018

Pivot Point Conference Center

310 N. Madison Ave.

Yuma, Arizona 85364

PRESENT: (Commission)

Chairman James R. Ammons

Commission James S. Zieler

Commissioner Eric S. Sparks

Commissioner Kurt R. Davis

Commissioner Edward “Pat” Madden

(Director and Staff)

Director Ty Gray

Deputy Director Tom Finley

Assistant Attorney General Jim Odenkirk

Assistant Attorney General Linda Pollock

Assistant Attorney General John LeSueur

Chairman Ammons called the meeting to order at 8:00 a.m. and led those present through the

Pledge of Allegiance followed by a moment of silence in honor and remembrance of 1st Sgt.

Nicholas S. Amsberry of Mesa, Arizona, who died Monday, February 5th in Germany and for

the victims of the Parkland school shooting in Florida.

The Commission introduced themselves followed by introductions of the Director and the

Director’s staff. This meeting followed an agenda revision #1 dated February 14, 2018.

Awards and Recognition

Chairman Ammons presented a Commission Certificate of Appreciation to Wildlife Manager

Richard Myers for his performance as a District Wildlife Manager and his efforts in coordinating

the Region IV Volunteer Program.

Chairman Ammons presented a Commission Commendation of Achievement to Dr. Cheryl

Haugo of Desert Veterinary Clinic for her ongoing efforts and contributions to conserve

Arizona’s wildlife for current and future generations.

Chairman Ammons presented a Commission Commendation of Achievement to Lead Ranger

Controller Darrell Williams of Yuma Proving Ground Range Operations for his ongoing efforts

and contributions to conserve Arizona’s wildlife for current and future generations.

* * * * *

1. Call to the Public

Glen Cook, representing Arizona hunters, submitted a blue slip, but was not present.

* * * * *

2. Request to Approve Proposed Rulemaking Amending Article 3 Rules Addressing the Taking and

Handling of Wildlife.

Presenter: Jay Cook, FOR6 Regional Supervisor

Commission Meeting Minutes - 2 - February 16, 2018

Mr. Cook presented and PowerPoint presentation and briefing on the Department’s request for

Commission approval for a Notice of Docket Opening, Notice of Proposed Rulemaking, and

Economic Impact Statement amending rules within Article 3, Addressing the Taking and Handling of

Wildlife. The Department proposes to amend rules within Article 3 to enact recommendations

developed during the preceding Five-year Rule Review Report approved by the Commission at the

March 3, 2017 Commission meeting and by G.R.R.C. at the June 6, 2017 Council meeting. In

addition to nonsubstantive changes designed to remove regulatory uncertainty and increase

consistency between Commission rules, the Department proposes the following substantive

amendments:

R12-4-101. Definitions:

Define "bow," "crossbow," "export," "handgun," "import," "muzzleloading shotgun,"

"pneumatic weapon," "rifle," and "shotgun" to aid in consistent interpretation of Commission

Orders and rules. This change is proposed as a result of customer comments received by the

Department.

R12-4-216. Crossbow Permit:

Allow a Crossbow Permit holder to use a pre-charged pneumatic weapon using bolts or

arrows. This change is proposed as a result of customer comments received by the

Department.

R12-4-301. Definitions:

Amend the definition of "aircraft" to include drones

Clarify "artificial flies and lures" do not include lures using chemical/organic attractants to

minimize the mortality of fish

Define "deadly weapon," "device," "edible portions of game meat," "hybrid device,

"muzzleloading shotgun," "pneumatic weapon," "prohibited possessor," "prohibited weapon"

"rifle," "shotgun,” and "smart device" to increase consistency between statute, Commission

Orders, and rules. This change is in response to customer comments received by the

Department

Define "developed water source" and "live-action trail camera" as a result of amendments

made to R12-4-303.

R12-4-302. Use of Tags:

Prohibit a person from allowing another person's tag to be attached to wildlife that person

harvested.

R12-4-303. Unlawful Devices and Ammunition:

Prohibit the use of ammunition that does not expand on impact. This change is in response to

customer comments received by the Department

Prohibit the use of projectiles that contain a secondary propellant

Prohibit the use of a smart device for the take of wildlife. This change is in response to

customer comments received by the Department

Clarify federally prohibited activities to ensure consistent interpretation of A.R.S. § 17-301.

Prohibit the discharge of a hybrid device, arrow, or bolt while taking wildlife within one-

fourth mile of occupied structure to increase consistency between statute, Commission

Orders, and rules. This change is in response to customer comments received by the

Department


Reference distance in yards to reduce regulatory uncertainty

Prohibit the use of live-action trail camera (includes images) for the taking/aiding in taking of

wildlife. This change is in response to customer comments received by the Department

Prohibit the use of any trail camera (includes images) for the taking/aiding in taking of

wildlife within one-fourth mile of the outer perimeter of any developed water source. This

change is in response to customer comments received by the Department

Prohibit the use of a satellite or other device (includes images) that orbits the earth and is

equipped to produce and transmit images for the purpose of taking/aiding in taking of

wildlife. This change is in response to customer comments received by the Department

Prohibit a prohibited possessor from using a deadly/prohibited weapon to take wildlife.

R12-4-304. Lawful Methods for Taking Wild Mammals, Birds, and Reptiles:

Allow the use of a hybrid device for the taking of aquatic wildlife provided all components

are lawful for the take of that species. This change is in response to customer comments

received by the Department

Allow the use of a pre-charged pneumatic weapon for the take of bison and elk. This change

is in response to customer comments received by the Department

Allow the use of ceramic or ceramic coated broadheads for the take of wildlife. This change

is in response to customer comments received by the Department

Allow the use of pre-charged pneumatic weapons using arrows or bolts for the take of

wildlife for all species where a bow/crossbow is also a lawful method of take. This change is

in response to customer comments received by the Department.

R12-4-305. Possessing, Transporting, Importing, Exporting, and Selling Carcasses or Parts of

Wildlife:

Require a person to attach a tag in the manner indicated on the tag to increase consistency

between Commission rules

Specify the manner in which a person may provide evidence of legality for Eurasian collared-

doves to reduce regulatory ambiguity

Allow a person who takes a depredating bear or mountain lion to retain the carcass (unless

the person has already taken the applicable bag limit for that big game animal) to prevent the

animal from going to waste.

R12-4-306. Buffalo Hunt Requirements:

Combine bison hunt requirements into one subsection to reflect current bison management

strategies

Allow a person to check out either in person, by telephone, or electronically (when made

available by the Department) to reduce the costs and burdens to persons regulated by the rule.

This change is in response to customer comments received by the Department.

R12-4-307. Trapping Regulations: Licensing; Methods; Tagging of Bobcat Pelts:

Reduce the trapping license age requirement from 14 years of age to 10 years of age to

increase consistency between Commission rules and enable the Department to gather

additional valuable harvest data

Clarify the daily trap inspection is a physical inspection

Incorporate other areas developed for public use to increase consistency between rules within

Article 3


Extend the time in which a trapper must have a bobcat seal attached to a bobcat from ten days

from the close of season to April 1 of each year to reduce costs and burdens to persons

regulated by the rule

Allow a trapper to monitor their traps using a trail camera; the use of a camera will not take

the place of the daily inspection requirement.

R12-4-308. Wildlife Inspections, Check Stations, and Roadblocks:

Allow a person to check-in and check-out electronically, when made available by the

Department, to reduce the costs and burdens to persons regulated by the rule. This change is

in response to customer comments received by the Department.

R12-4-309. Authorization for Use of Drugs on Wildlife:

Specify the authorization for use of drugs on wildlife does not exempt a person from any

municipal, county, state or federal code, ordinance, statute, regulation, or rule or authorize a

person to engage in any activity using wildlife that is protected by federal regulation to

increase consistency between Commission rules

Remove the requirement that the applicant include federal approvals and/or permits as having

this language in rule implies the Department verifies and monitors them to ensure they are

valid. The Commission believes it is the applicant's responsibility to ensure they apply for

and obtain all required federal approvals and/or permits

Require the written endorsement to be signed by a person who has the authority to sign

documents on behalf of a government agency, university, or institution to ensure the

applicant has sufficient permission to conduct the proposed activities

Establish due dates for the annual and final report to make the rule more concise

Require a person applying for authorization to use drugs on wildlife to indemnify the

Department against any injury or damage resulting from the use of animal drugs in light of

recent law suits taking place at the federal level.

R12-4-310. Fishing Permits:

Remove the requirement that a nonprofit be licensed or contracted with DES/DHS to expand

unlicensed fishing opportunities to additional agencies, departments, and nonprofits

Replace the terms "rehabilitation or training" with "treatment and care" to provide unlicensed

fishing opportunities to a segment of the public that has difficulty engaging in this

recreational activity

Specify the permit is valid for any two days within a 30 day period to ensure an agency,

department, or nonprofit submits the required report before submitting a subsequent

application

Remove the 20 person limit to reduce the burdens and costs to persons regulated by the rule

Require a nonprofit to provide a copy of its Articles of Incorporation and a document

identifying its mission at the time of application to ensure the applicant is eligible for the

fishing permit.

R12-4-311. Exemptions from Requirement to Possess an AZ Fishing License While Taking Wildlife:

Reference "trapping license" as one of the licenses that may be revoked by the Commission

to make the rule more concise

Allow a person to provide documentation of the person’s application for a fingerprint

clearance card as prescribed under A.R.S. § 17-215 to reflect statutory requirements.

R12-4-313. Lawful Methods of Taking and Seasons for Aquatic Wildlife:


Combine R12-4-313 and R12-4-317 to increase consistency between Commission Orders,

rules, and Department publications

Authorize the Commission to establish a special season allowing fish to be taken by

additional methods on waters where a fish die-off is imminent to increase consistency

between Commission rules

State a person may not use more than two lines at any one time while fishing to facilitate a

consistent interpretation of simultaneous fishing

Allow the use of a hybrid device for the taking of aquatic wildlife provided all components of

the device are authorized for the take of that species. This change is in response to customer

comments received by the Department

Prohibit a person from snagging aquatic wildlife or using a bow and arrow, crossbow, snare,

gig, spear or spear gun within 200 yards of a designated swimming area, as indicated by way

of posted signs or notices, and fishing pier to protect public health and safety.

R12-4-314. Possession, Transportation, or Importation of Aquatic Wildlife:

Combine R12-4-315 and R12-4-316 to create a new rule to increase consistency between

Commission Orders, rules, and Department publications

Prohibit a person from knowingly disturbing the crayfish net, live box, minnow trap, or

stringer of another unless authorized to do so by the owner to increase consistency between

statute and Commission rules

R12-4-315. Possession of Live Fish; Unattended Live Boxes and Stringers and R12-4-317.

Seasons for Lawfully Taking Fish, Mollusks, Crustaceans, Amphibians, and Aquatic Reptiles

Repeal both rules.

R12-4-318. Seasons for Lawfully Taking Mammals, Birds, and Reptiles:

Allow the use of a hybrid device for the taking of wildlife provided all components of the

device are authorized for the take of that species. This change is in response to customer

comments received by the Department

Allow a person to use a single shot pre-charged pneumatic weapon discharging a single

projectile .35 caliber or larger during a "handgun, archery, and muzzleloader (HAM)" season

to provide persons regulated by the rule additional hunting opportunities

Allow a person to use a muzzleloading shotgun during a "limited weapon-shotgun" season to

provide persons regulated by the rule additional hunting opportunities

Allow a person to use a muzzleloading shotgun shooting shot as a lawful method of take

during a "limited weapon-shotgun shooting shot" season to provide persons regulated by the

rule additional hunter opportunity.

R12-4-319. Use of Aircraft to Take Wildlife and R12-4-320. Harassment of Wildlife:

Clarify drones are considered to be aircraft to reduce regulatory ambiguity.

R12-4-321. Restrictions for Taking Wildlife in City, County, or Town Parks and Preserves:

Incorporate trapping restrictions to increase consistency between Commission rules

Clarify a hunter shall declare their intent to hunt when the park or preserve has established a

check-in process to reduce regulatory ambiguity

Exempt persons participating in a reptile and amphibian limited weapon hand or hand-held

implement season from the 1/4 and 1/2 mile prohibition when hunting in a city, county, or

town park or preserve.

R12-4-322. Pickup and Possession of Wildlife Carcasses or Parts:


Allow a Department employee or agent who has experience in determining whether an

animal died from natural causes to conduct the inspection of the carcass or parts when a law

enforcement officer is not available to reduce the burden on the Department and persons

regulated by the rule.

If approved by the Commission and in accordance with the exemption authorized under item #2 of

Executive Order 2016-01 Internal Review of Administrative Rules; Moratorium to Promote Job

Creation and Customer-service Oriented Agencies, the Department will submit this rulemaking to the

Secretary of State’s office for publication in the Arizona Administrative Register. The Department

will accept public comment for 30 days after the Notice of Proposed Rulemaking is published. Once

the public comment period has passed, the Department will present Final Rulemaking to the

Commission for their consideration.

Public Comment

Ryan Bronson, Director of Conservation, Vista Outdoor, addressed the Commission on behalf of his

business associated trail camera manufacturers. Trail cameras are in the top five products in

popularity and the economic impact approaching $200 million dollars for the trail camera business in

the U.S. He is a professional member of the Boone and Crocket Club and understands the fair chase

concerns are valid and appreciates the Commission trying to address those concerns. Mr. Bronson

addressed the definition of live action camera stating that cameras that don’t transmit over long

distances or don’t send pictures to a person’s home, could get caught up in this definition of the

technology. Another concern is that the definition mentions cameras that are capable of transmitting.

His cameras are capable, but can be turned off and there is typically no cellular service. He would

like to see his customers be able to continue to use those cameras within the restrictions the

Department has proposed. While he understands the Commission’s intent and purview to make

regulations, he would like to see no restrictions on his trail camera products.

Commissioner Zieler discussed with Mr. Bronson how his trail cameras work and how long it takes

to transmit images.

Mr. Bronson discussed how there could be a delay set in their system so that it would not be live

action transmitting.

Commissioner Madden discussed how it would work with cameras on water holes.

Mr. Bronson stated that the rules regarding cameras on water holes was not an issue for him and that

a delay could also be helpful in these situations.

Commissioner Zieler discussed with Mr. Bronson how his ideas might work from a law enforcement

prospective, as well as ethics and the North American Model. Commissioner Zieler also noted that

Arizona is very arid and animals must come in for water making the animals unable to evade

detection. Ethics is a fine line and the Commission is trying to find a balance.

Mr. Bronson stated that the uniqueness of the arid southwest is important to mention, because if

someone tried a similar restriction in Pennsylvania it would be a very different issue and much more

significant.

Commissioner Davis expressed his appreciation to Mr. Bronson on how he has handled this situation

and further discussed the definition related to trail cameras. This definition has been thoroughly


evaluated to achieve the current and future state of technology, the ethics in pursuit of an animal, and

the issues specific to Arizona. Commissioner Davis further discussed live action trail camera

definition with Mr. Bronson. The definition and restriction is for the purpose of taking and aiding in

the taking of wildlife.

Commissioner Sparks pointed out to Mr. Bronson that it’s not the use of the camera, but the purpose

of the use of the camera that is restricted, and so he doesn’t see the impact to the products being sold.

Director Gray thanked Mr. Bronson for coming to the meeting and advised the Commission that Mr.

Bronson has worked with the Department on several items over the past several years. He has

always been open and cordial in talking about these issues. Also, Vista Outdoors contributes

significantly to wildlife conservation through the PR program and last fiscal year Vista Outdoors

wrote a check for $87 million dollars that goes to state wildlife management across the country.

Motion: Madden moved and Sparks seconded THAT THE COMMISSION VOTE TO APPROVE

THE NOTICE OF RULEMAKING DOCKET OPENING, NOTICE OF PROPOSED

RULEMAKING, AND ECONOMIC IMPACT STATEMENT AMENDING RULES WITHIN

ARTICLE 3 TAKING AND HANDLING OF WILDLIFE AS PRESENTED.

Vote: Unanimous

* * * * *

Meeting recessed for a break at 9:00 a.m.

Meeting reconvened at 9:11 a.m.

* * * * *

3. Legislative Engagement and State and Federal Legislation

Presenter: Ed Sanchez, Legislative Liaison

Mr. Sanchez provided a PowerPoint presentation and briefing on the current status of selected

state and federal legislative matters, assisted by Assistant Legislative Liaison David Fernandez.

The presentation included the following information and Commission actions:

State Legislative Update

Legislative Session Timeline:

February 16 is the last day to hear bills in committee chamber of origin (with exception

for Appropriations Committee)

March 23 is the last day to hear bills in committee

Adjournment Sine Die is April 21

Commission Supported Legislation

License Simplification Reauthorization: Eliminates requirement that licenses be physically

signed in ink; Clarifies Commission authority to offer free and discounted licenses for veterans;

allows third party license dealers to retain a convenience fee for the sale of licenses.

Currently in two bills:


o The Senate Natural Resources, Energy and Water passed unanimously with

amendment that restores language granting free license to 100% disabled

veterans; The Senate 3rd Read passed 27–2

o The House Energy, Environment and Natural Resources passed unanimously with

amendment that restores language granting free license to 100% disable veterans;

The House 3rd Read passed 56-2

Other Bills of Interest

SB 1208: ATVs; off-highway vehicles

Updates Definition (28-101) of “all-terrain vehicle” subtype “recreational off-road

vehicle”: From Max 65 to 80 inches in width; from Max 1800 to 2500 lbs.; equipment

requirements; steering wheel; rollover protective structure; occupant retention system.

HB 2342: Off-highway vehicles; definition; user indicia

Definitions update (28-1171): From method of operation to design/modification;

removes 1/2/3 wheel, includes tracked, UTV, ATV, Sand Rail; Non-Resident Indicia;

Inserts “resident or non-resident indicia” to 28-1177 allowing operation with OHV

sticker; Directs department to use its OHV fund monies (35% of revenues) to administer

the non-resident decal program; Department may allow for purchase of non-resident

indicia; Operation of vehicle with a dealer plate.

The Department is monitoring SB 1208 and HB 2342 to make sure they do not have any

unintended consequences for the Department.

HB 2404: license to practice taxidermy; repeal

Strike Everything Amendment; eliminates taxidermy license; requires taxidermists

register with the Department; updates reporting requirements; register kept for five years;

register submitted annually; inspected by Department staff on request; delayed Effective

date of 1/1/19.

The Department has been engaged on the HB 2404 amendment.

Commissioner Zieler asked if the Commission currently has the authority to revoke a taxidermy

license.

Mr. Odenkirk stated that the Commission does currently have that authority.

Mr. Fernandez stated that a floor amendment was adopted that would allow the Commission to

prohibit a person from registering as a taxidermist and to revoke their registration for one year

for violations.

Congressional Update

Budget

Current Continuing Resolution (CR) expires March 23

The President has released his budget proposal


The Department is reviewing the potential impacts to state wildlife agencies across the

country and will keep the Commission apprised.

Grand Canyon Bison Management Act (HR 3005) part of SHARE ACT in House:

Awaiting action in the Senate

Current Actions:

o January 18 Commission Letter to NPS Regional Director Masica regarding

withdrawal from Bison EA Subgroup

o February 6 conference call with NPS, Senators McCain Flake

o February 8 letter to Grand Canyon Superintendent Lehnertz stating “encouraged

but still need clarity”

Chairman Ammons confirmed with Mr. Sanchez that there has been no response to the February

8 letter and request for clarity.

Commissioner Davis stated that in the application of an ethical and appropriate hunt, this

Department needs to be the entity that manages that hunt. If the Commission has not been clear,

then we need to be clear. The rules of engagement need to mirror those of this Department,

meaning everyone has the opportunity, not some insider deal for people of their choosing. There

needs to be a selection process of people that are chosen to participate in that hunt.

Commissioner Madden stated that there is a public perception that the Department is involved in

running the Grand Canyon bison reduction hunt and it is not, and suggested the Department get

that information out to the public.

H.R. 4647 Recovering America’s Wildlife Act:

Provides state wildlife agencies with additional funding ($1.3 billion) annually to support

state wildlife action plans; annually redirects $1.3 Billion from existing revenue royalties

(collected from energy and mineral development on federal lands and waters).

This effort is being led by AWFA and the Alliance for America’s Fish & Wildlife. A

subcommittee hearing was held on February 15. The Department is reaching out to stakeholders

and Arizona’s Congressional Delegations for support.

Secretary Zinke Secretarial Order 3362:

Order 3362 fosters improved collaboration with states and private landowners to develop

guidelines to help ensure robust big game populations; this will hopefully improve habitat

quality and western big game winter range and migratory corridors for antelope, elk and

mule deer.

Commissioner Davis commented on a potential proposal of a re-organization of the Department

of Interior and stated that it has potential for significant ramifications for the Department. The

Department needs to take a serious look at this and the Commission needs to articulate a public

position about such a re-organization that may group a majority of Arizona in a region with

California and Nevada. Commissioner Davis would like the Department to review the proposed

models from a legal, scientific and management perceptive, including the Department’s view of


the current proposals and what the Department recommends that would strengthen the states

authority and ability to manage wildlife.

Mr. Sanchez stated that the Department will provide an in-depth briefing on Order 3362 at the

March Commission meeting.

* * * * *

4. Commission Priorities Update

Presenter: Kent Komadina, Special Assistant to the Director

Mr. Komadina provided an update on the Commission Priorities Report (attached) and

highlighted several activities since the last Commission meeting. The Commission sets its

priorities on an annual basis with some adjustments during the year. The Department regularly

reports to the Commission on its progress for each priority. Currently, the Commission Priorities

are as follows:

Increase Access/Landowner Relations

Business Enterprise Development

Comprehensive Wildlife Management

Facility Maintenance, Improvements & Real Estate Strategies

Maximize Officer Field Time and Promote Fair Chase

Public Affairs

Customer Recruitment, Retention, & Reactivation

Habitat Improvement & Conservation

Sportfish Opportunities

Maintaining Department and State Authorities for Conserving Wildlife

Process improvements

Department Engineer Fred Bloom provided a PowerPoint presentation and update on facilities

maintenance, improvements and real estate strategies. The update included an overview and

current status of the Development Branch in its support of the Department’s mission through

construction, repair and maintenance of all Commission owned and operated facilities and

infrastructure and by providing technical and resource support to Department programs. The

overview included the following programs and projects:

AGFD sUAS (Drone) for aerial photos and videos, create survey grade orthomosaics,

Use of Engineering’s TopCon Survey Grade GPS and sUAS orthomosaics to create

contours and topographic base maps, calculates cut/fill, volumes, and spatial

measurements

Completed boating access facilities projects for 2017-2018

Fish Hatchery renovations

FY18 building renewal projects

Habitat construction, including wildlife water catchments for 2017-2018

Commissioner Zieler asked how the projects are prioritized.


Mr. Bloom stated that it has been more of a discretionary decision by Development Branch but it

is becoming more of a data driven process. The Development Branch is currently working on a

database of inventory for the buildings and components of the buildings. This will be the

primary tool used to weigh and prioritize maintenance requirements and projects, and to catch up

with preferred maintenance. Another part of prioritizing is the Department’s Lands Council

Annual Project Proposal process.

Commissioner Davis thanked Mr. Bloom for his presentation and requested a copy of the

presentation be sent to the Commission for further review.

* * * * *

8. Hearings on License Revocations for Violation of Game and Fish Codes and Civil

Assessments for the Illegal Taking and/or Possession of Wildlife

Presenter: Gene Elms, Law Enforcement Branch Chief

Records of these proceedings are maintained separately.

* * * * *

9. Request Regarding Previous License Revocation/Civil Assessment.

Presenter: Gene F. Elms, Law Enforcement Branch Chief

Mr. Elms presented a request by Michael E. James that his license revocation be placed on the

agenda for the Commission to consider modifying the terms of his license revocation. On

December 17, 2015, Mr. James was convicted in the Yuma Justice Court for obtaining a 2008

hunt/fish license by misrepresentation. On January 13, 2017, the Commission revoked Mr.

James’ hunting, fishing and trapping licenses for a period of three years and further required him

to complete a Hunter Education Course before obtaining any license(s) to take wildlife in the

State of Arizona. Due to his age, Mr. James is requesting that the Commission modify the terms

of his original revocation period by reinstating his fishing privileges so that he would be able to

fish with his grandchildren. Mr. James was notified of this hearing to consider his request by

certified mail. The Commission was provided with all documents pertaining to the case of Mr.

James prior this this meeting for review and consideration.

Commissioner Zieler asked Mr. Elms if the 30-day deadline for motions for rehearing was met in

this case.

Mr. Elms did not have that information, but stated that the Department is lenient if someone calls

and lets the Department know that they are sending something in writing. In this case, the

Department did not owe Mr. James an option for rehearing in this matter and that is why he

petitioned to be on the agenda for his request.

Mr. James was present with his attorney and addressed the Commission stating that he was ill at

his initial hearing. He is deeply remorseful that the residency problem occurred. He should have


looked into it more. He asked for only a one year revocation, instead of three so he can fish with

his grandchildren.

Chairman Ammons informed Mr. James that he can still take his grandchildren fishing, he just

can’t fish himself.

Commissioner Zieler asked Mr. James if he has finished the Hunter Education course as imposed

by the Commission as part of his revocation.

Mr. James stated that he has not because of illness.

Case Officer Nemlowill was present and added that Mr. James’ statements are accurate.

Commissioner Zieler stated that nothing has changed since the hearing when the Commission

discussed the case at length, and Mr. James has not completed the Hunter Education course. The

Commission would be setting a precedent if it started reversing or changing decisions when

nothing has changed.

Mr. James stated that he would immediately enroll in the Hunter Education class.

Motion: Madden moved and Zieler seconded THAT THE COMMISSION VOTE TO DENY

THE REQUEST BY MR. MICHAELE. JAMES.

Vote: Unanimous

* * * * *

Meeting recessed for a break at 10:50 a.m.

Meeting reconvened at 11:03 a.m.

* * * * *

5. Briefing on Department Deployment of Arizona Management System (AMS)

Presenter: Pat Barber, Community Engagement Administrator

Mr. Barber provided a PowerPoint presentation and update on the Department’s progress in

deploying AMS methods and tools to reduce waste and build sustainable efficiency in the

Department’s systems and processes. AMS was implemented by Governor Ducey as part of his

vision for Arizona to be the number one state to live, play, recreate, retire, visit, do business, and

get an education. To achieve this vision, a professional, results-driven management system has

been deployed to transform the way Arizona state government thinks and does business as one

enterprise. State agencies are doing more good for Arizona by tracking and improving their

performance each and every day.

Mr. Barber’s presentation included an overview of the following:

Draft Huddle Board used to identify important processes and tracking

Chart of AMS Elements

Governor’s Scorecard and tracking


Graph of hunting/fishing license sales for FY17 and FY18

Example of AMS in action regarding draw notification process improvements

Projects that have increased revenue, including Point Guard

Employee innovation successes

Commissioner Davis discussed with Director Gray different potential ways to incentivize and

recognize employee efforts.

Director Gray stated that there are currently spot incentives, but he will look into it further.

Commissioner Davis added that he would like to see the Department capture the data for

increases in revenue, so that future Commissions will be able to see the progress that was made

and is being made to achieve the targeted goal. This is a measurement tool that is of significant

importance. He is also looking forward to the shopping cart option on the website and

implementing the internal marketing team.

Information Systems Doug Cummings provided an update on the implementation of the

shopping cart. It’s currently available for licenses and Point Guard. When the Department is

ready to start offering retail products, it will look more like a shopping cart.

Customer Sales Branch Chief Rachael Gottlieb provided an update on when the Department will

be ready to offer retail products. The Department is currently working on product and service

development and is making contacts with industry partners.

* * * * *

6. Threatened and Endangered Wildlife Briefing

Presenter: Ryan O’Donnell, Wildlife Specialist II, Contracts Branch

Mr. O’Donnell provided a PowerPoint presentation and briefing on an ongoing inventory of

mammals, amphibians and reptiles on the Barry M. Goldwater Range with a focus on some of

the unique nongame species that were detected during these surveys. This is year two of a three-

year project for the Department and other collaborators. The presentation included an overview

of the following:

Barry M. Goldwater Range, areas and study techniques

Results:

o Amphibian species: 4

o Reptile species: 36

o Mammal species: 23

o (Couch’s Spadefoot, Red-spotted Toad, Sonoran Desert Toad, Rio Grande

Leopard Frog, Sonoran Desert Tortoise, Desert Iguana, Common Chuckwalla,

Sonoran Collared Lizard, Long-nosed Leopard Lizard, Zebra-tailed Lizard,

Yuman Desert Fringe-toed Lizard, Long-tailed Brush Lizard, Ornate Tree Lizard,

Common Side-blotched Lizard, Desert Spiny Lizard, Flat-tailed Horned Lizard,

Goode’s Horned Lizard, Tiger Whiptail, Western Banded Gecko, Desert Night

Lizard, Gila Monster, Western Threadsnake, Rosy Boa, Sonoran Coralsnake,


Western Shovel-nosed Snake, Variable Sandsnake, Nightsnake, Sonoran

Lyresnake, Gophersnake, Glossy Snake, Spotted Leaf-nosed Snake, Western

Patch-nosed Snake, Coachwhip, Long-nosed Snake, Common Kingsnake,

Western Diamond-backed Rattlesnake, Mohave Rattlesnake, Sidewinder,

Speckled Rattlesnake, Black-tailed Rattlesnake, Desert Cottontail, Black-tailed

Jackrabbit, Harris’s Antelope Squirrel, Round-tailed Ground Squirrel, Rock

Squirrel, Botta’s Pocket Gopher, Little Pocket Mouse, Arizona Pocket Mouse,

Bailey’s Pocket Mouse, Rock Pocket Mouse, Desert Pocket Mouse, Merriam’s

Kangaroo Rat, Desert Kangaroo Rat, Cactus Mouse, Canyon Mouse, White-

throated Woodrat, House Mouse, Arizona Woodrat, Kit Fox, Gray Fox, Ringtail,

Western Spotted Skunk, American Badger)

Next steps:

o One more year of surveys

o More surveys in rare habitats such as grasslands and Nolina

o Model species occupancy, probability of detection

o Estimate number of species not yet detected

o Develop monitoring and management recommendations

o Publish findings in scientific literature

The Commission expressed appreciation for the presentation and for the good work on the

surveys. It is amazing to recognize the diversity of the different species that are out there.

* * * * *

7. Federal Lands Planning Update

Presenter: Laura Canaca, Project Evaluation Program Supervisor

Ms. Canaca provided a PowerPoint briefing and update on Department activities and

involvement with resource management planning and other major actions on federal lands in

Arizona. The Federal Lands update provided a summary of activities that occurred since the last

Commission meeting, including new developments and recent initiatives and decisions from DOI

and DOA. Highlights covered in the presentation included the following:

Kaibab National Forest:

Arizona Federal District Court upheld the legality of the Travel Management Plans

allowing regulated off-road motor vehicle use for the retrieval of elk and bison.

Tonto National Forest:

TNF recently released a draft Wilderness Evaluation Map; the Department submitted

comments on February 12

Alamo Dam Flushing Flow Release in March:

The Department has submitted comments with concerns on the timing during the spring

spawn and potential loss for the fishery

Department of the Interior Reorganization:


Plans are to divide into 13 regions based on rivers and ecosystems, instead of state lines

The Western Governors Association has asked for a delay in order to engage with

Governors to meet both DOI and state needs.

Public Comment

Jon Fugate, representing the Yuma Valley Rod and Gun Club, addressed the Commission

regarding federal land management, particularly wilderness management plans. Mr. Fugate

urged the Commission to work toward language that must be included in land management plans

that states that nothing in the proposal shall prohibit the jurisdiction and responsibility of the

Arizona Game and Fish Department with respect to fish and wildlife, and wildlife-dependent

outdoor recreation.

Commissioner Davis stated that he will be following with the Department and the Commission

related to this idea.

* * * * *

10. Petition by Ms. Cathy Hill for 2018 Elk Tag

Presenter: Rachel Gottlieb, Branch Chief, Customer Support and Sales Branch

Ms. Gottlieb presented the Commission with a petition by Ms. Cathy Hill asking for a 2018 tag

for elk due to an injury during her 2017 hunt that occurred on the second day. Ms. Hill was

drawn for hunt 3028 valid from December 1 – December 7, 2017 in unit 27 for a bull elk. Ms.

Hill submitted a petition to the Department dated January 24, 2018. Her petition states that on

December 3 she fell and had to discontinue her hunt to go get x-rays. Her injuries limited her to

flat walking once she was allowed to resume activity. She is requesting a 2018 elk tag.

Motion: Madden moved and Davis seconded THAT THE COMMISSION VOTE TO DENY

THE PETITION BY MS. CATHY HILL.

Commissioner Zieler confirmed with Ms. Gottlieb that PointGuard was available for Ms. Hill

and she chose not to take advantage of it.

Vote: Unanimous

* * * * *

11. Petition by Mr. Jeremiah Smith for a Refund or 2018 Elk Tag


Ms. Gottlieb presented the Commission with a petition by Mr. Jeremiah Smith asking for a

refund or a 2018 elk tag due to a family emergency that prevented him from hunting. Mr. Smith

was drawn for hunt 3043 valid from December 8 – December 14, 2017 in unit 7 west for an

antlerless elk. The Department received a petition from Mr. Smith dated January 24, 2018. His


wife unexpectedly went into labor on December 2, 2017. There were additional complications

with both his wife and his newborn son. He was unable to hunt due to the extended medical

situations as well as being the sole caretaker of his seven year old child. Mr. Smith is requesting

a refund or an elk tag for 2018.

Motion: Davis moved and Madden seconded THAT THE COMMISSION VOTE TO DENY

THE PETITION BY MR. JEREMIAH SMITH.

Commissioner Zieler confirmed with Ms. Gottlieb that PointGuard was available for Mr. Smith

and he chose not to take advantage of it.

Vote: Unanimous

* * * * *

12. Petition by Mr. Joseph Arthur Jr for 2018 Elk Tag


Ms. Gottlieb presented the Commission with a petition by Mr. Joseph Arthur Jr. asking for a

2018 tag for elk due to an illness at the time of his 2017 hunt. Mr. Arthur was drawn for a

CHAMP permit for hunt 3015 valid from December 1 – December 7, 2017 in unit 6A for a bull

elk. Mr. Arthur submitted a petition to the Department dated January 31, 2018. His petition

states that he became ill and was unable to go on his hunt. He is requesting a 2018 elk tag.

Motion: Madden moved and Davis seconded THAT THE COMMISSION VOTE TO DENY

THE PETITION BY MR. JOSEPH ARTHUR JR.

Commissioner Zieler confirmed with Ms. Gottlieb that PointGuard was available for Mr. Arthur

and he chose not to take advantage of it.

Vote: Unanimous

* * * * *

13. Briefing on the Small Game Program

Presenter: Johnathan O’Dell, Small Game Biologist, Terrestrial Branch

Mr. O’Dell provided a PowerPoint presentation and briefing on the Department’s Small Game

Program, including recent activities and future planned direction. Small game offers nearly

unbridled growth for the Department. Mr. O’Dell proposed a cultural paradigm shift within the

Department to raise the status of small game and the program as part of the path forward. The

Department works closely in multiple activities with the Hunting and Heritage Work Group

(HAHWG) on recruitment, retention and reactivation. The presentation included charts and

graphs comparing small game and big game hunting activity, small game contributions to

Department revenue, resident and non-resident data, return on investment, and the many


promotional small game hunting events and opportunities provided by the Department and its

partners.

Public Comment

David Power, Legislative Chair, YVRGC/HAHWG, addressed the Commission stating that small

game is the key to the 3 Rs, recruitment, retention and reactivation.

* * * * *

14. Memorandum of Understanding with Ducks Unlimited

Presenter: Johnathan O’Dell, Small Game Biologist, Terrestrial Branch

Mr. O’Dell provided a PowerPoint presentation on a proposed Memorandum of Understanding

(MOU) to allow the Department to partner with and provide funding for habitat to Ducks

Unlimited. The Department and Ducks Unlimited propose to work cooperatively for the common

purpose of improving the status of waterfowl and other wildlife and the habitat upon which these

species depend. This MOU will provide a relationship and framework for conservation actions

that benefit populations of these species and associated opportunities to inform and educate the

public.

Motion: Madden moved and Sparks seconded THAT THE COMMISSION DIRECT THE

DEPARTMENT TO PLACE THIS ITEM ON THE CONSENT AGENDA FOR THE NEXT

REGULAR COMMISSION MEETING.

Vote: Unanimous

* * * * *

15. Commission Committee Appointments

Presenter: Kent Komadina, Special Assistant to the Director

Chairman Ammons discussed individual Commissioner chair and vice chair positions on

Commission Committees and made the following appointments through June 30, 2018:

Heritage and Habitat Committee (Both HPAC and HPC)

o Commissioner Ammons, Chair

o Vice Chair will be new incoming Commissioner

Public Affairs and Marketing Committee

o Commissioner Sparks, Chair

o Commissioner Ammons, Vice Chair

Budget and Commission Priorities Committee

o Commissioner Davis, Chair


o Commissioner Zieler, Vice Chair

Constituency and Landowner Partnerships Committee (Combined LLSRC and SCG)

o Chair will be new incoming Commissioner

o Commissioner Sparks, Vice Chair

Hunt Orders, Guidelines, and Rules Committee

o Commissioner Zieler, Chair

o Commissioner Davis, Vice Chair.

The Commissioners were in agreement with their appointments.

* * * * *

16. Executive Session

The Commission voted to meet in Executive Session in accordance with A.R.S. § 38-431.03

(A)(3) and (4) for the purpose of discussion and consultation with legal counsel.

Motion: Madden moved and Sparks seconded THAT THE COMMISSION VOTE TO GO

INTO EXECUTIVE SESSION.

Vote: Unanimous

The Commission had a working lunch during Executive Session.

* * * * *

18. Approval of Minutes

Motion: Sparks moved and Madden seconded THAT THE COMMISSION VOTE TO

APPROVE THE MINUTES FROM JANUARY 12-13, 2018 AND FEBRUARY 2, 2018.

Vote: Unanimous

* * * * *

19. Commissioner Committee Reports

Commissioner Sparks commented on the Landowners/Lessee Committee stating that they were

going to try and have an additional meeting in Phoenix to try to increase participation for the

ranchers and cattlemen.

Commissioner Madden commented on the Legislative Day at the Capitol and commended

Department staff for a great job and the most attendance since he’s been on the Commission.

The Fair Chase Committee is progressing towards the public participation meetings.


* * * * *

20. Director and Commissioner Comments

Chairman Ammons commented on his activities since the last Commission meeting. He

attended the HPC funding meeting where they had about $2,400,000 for conservation projects.

About $100,000 of that was set aside for emergency water hauling. He also went to an elk

capture on Raymond Ranch, attended the SHOT Show in Las Vegas, attended the HPC regular

winter meeting, testified at the Capitol in regards to the license simplification bill, attended the

Western Hunting and Conservation Expo in Salt Lake City, and attended the Legislative Day at

the Capitol.

Chairman Ammons commented on this being the last meeting for Commissioner Madden and

expressed his appreciation for all he has done.

Commissioner Madden stated that the last five years have been wonderful. He’s been on a lot of

boards and commissions and this organization has been one active and challenging groups he has

been associated with.

Commissioners Sparks, Zieler, Davis and Director Gray added comments of gratitude and

thankfulness for outgoing Commissioner Madden.

* * * * *

21. Future Agenda Items and Action Items

Deputy Director Finley reviewed the agenda and items captured in this meeting as follows:

Related to bison hunting on the Grand Canyon, continue to advocate for a Department

run impartial selection process of hunters selected for bison removal or hunting

Related to the DOI reorganization, review from a legal and scientific management

perspective what the current proposed reorganization implications would be to the

Department and the state’s authority to manage wildlife, and layout bedrock components

that need to be included in any reorganization that would preserve and strengthen the

state’s ability to manage wildlife; also, aggressively articulate Department views on DOI

reorganization and re-alignment of regions and also provide regular updates to the

Commission on the progress of the reorganization and regional alignment

Related to employee innovations, explore the development of an award with a financial

with a financial component for the number one employee innovation annually; explore

potential avenues for this including partnerships with NGOs and perhaps the private

sector

Regarding product lines and promotional activities, develop measurement tools to harvest

period specific data to track revenue associated with individual Department promotions

and product lines to determine financial sustainability and report on those results.

* * * * *


17. Litigation Report

There were no comments or questions regarding the Litigation Report.

* * * * *

Motion: Madden moved and Sparks seconded THAT THE COMMISSION VOTE TO

ADJOURN THIS MEETING.

Vote: Unanimous

* * * * *

Meeting adjourned at 5:25 p.m.

* * * * *


These minutes were approved by the Commission at

the April 6-7, 2018 Commission meeting.

__________________________________________

James R. Ammons, Chairman

1

F-17

Game and Fish Litigation Report

Presented at the Commission Meeting

February 16, 2018

The Assistant Attorneys General for the Arizona Game and Fish Commission and the

Arizona Game and Fish Department are representing these agencies in the following matters in

litigation. This report does not include claims and lawsuits for damages against these agencies in

which the agencies are represented by Assistant Attorneys General in the Liability Defense

Section of the Attorney General’s Office.

1. State of Arizona v. Jewell, CV 15-00245-CKJ. On June 8, 2015, the State of

Arizona filed suit against the Secretary of Interior and the U.S. Fish and Wildlife Service

(“FWS”) for violations of the Endangered Species Act (“ESA”). Arizona alleges in the lawsuit

that the FWS has failed to develop a new recovery plan for the Mexican wolf that complies with

the requirements of ESA. The FWS prepared an original recovery plan for the Mexican wolf in

1982, but that plan has since expired, and it does not include the necessary elements ESA

requires for a recovery plan. Arizona will seek declaratory and injunctive relief compelling the

FWS to develop a new recovery plan within a reasonable period.

On its own motion, the court transferred this case to the same court assigned to Center for

Biological Diversity v. Jewell, CV 15-00019. Due to ongoing settlement discussions, the federal

defendants filed a motion on January 29, 2016, seeking an additional 45 days to file an answer to

the complaint. The Commission voted on February 5, 2016, to approve the agreement in

principle.

On April 26, 2016, the parties submitted the settlement for court approval and filed a

joint motion to enter the settlement. On October 18, 2016, the court issued an order approving

the settlement agreement and ordering the parties to comply with the settlement. The settlement

requires the FWS to complete a revised Mexican wolf recovery plan no later than November 30,

2017. In approving the settlement, the court also ordered the dismissal of the complaint.

On April 17, 2017, the federal defendants submitted a six-month status report. The report

states the FWS will issue a biological report in May and publish a draft recovery plan in June. In

July, the FWS will hold four public meetings in Arizona and New Mexico. The FWS will issue

the final recovery plan in November 2017.

On June 28, 2017, the FWS issued a draft recovery plan and opened the public comment

period until August 29, 2017. On November 29, 2017, the FWS completed the final recovery

plan. On the same date the recovery plan was released, a number of environmental

organizations submitted a 60-day notice of intent to sue, alleging the recovery plan violates

the ESA.

2. Center for Biological Diversity v. Jewell, CV-15-00019-JGZ; WildEarth

Guardians v. Ashe, CV 15-00285. CBD filed its lawsuit on January 15, 2015, alleging

violations of the Endangered Species Act (“ESA”) and the National Environmental Policy Act

(“NEPA”). Plaintiffs contend that the U.S. Fish and Wildlife Service’s (“FWS”) final revised

rule governing the Mexican wolf experimental population, and a research and recovery permit

issued under Section 10(a)(1)(A) of ESA impede Mexican wolf recovery and survival.

Plaintiffs also allege the final environmental impact statement (“EIS”) and a biological opinion

associated with the final rule are inadequate. Plaintiffs seek a court order to set aside and

remand to the FWS portions of the final rule, the permit and final EIS.

2

On April 15, 2015, the State of Arizona on behalf of Game and Fish filed a motion to

intervene in support of the FWS. At the same time, Arizona filed a motion to dismiss the lawsuit

on the basis the court lacks subject matter jurisdiction. The federal defendants filed an answer to

the complaint on April 22, 2015.

On May 12, 2015, the court granted a motion to consolidate a case from New Mexico

brought by various livestock organizations and local governments. On May 12, 2015, the court

also granted Arizona’s motion to intervene and authorized Arizona to file either a motion to

dismiss or an answer. On July 20, 2015, the court granted the plaintiffs’ motion and granted a

motion to consolidate the lawsuit WildEarth Guardians v. Ashe, CV 15-00285. On July 23,

2015, the court issued a scheduling order.

WildEarth Guardians filed its lawsuit on July 2, 2015, alleging violations of ESA and

NEPA. The plaintiffs contend that the FWS’s final revised rule and the research and recovery

permit impede Mexican wolf conservation. The plaintiffs also allege the final EIS and the

biological opinion associated with the final rule are inadequate. The plaintiffs contend the FWS

has a duty to reconsider its decision that the Mexican wolf population is nonessential. The

plaintiffs seek a court order to set aside and remand to the FWS portions of the final rule, the

permit and final EIS.

On August 7, 2015, the Game and Fish Commission voted to intervene in the WildEarth

Guardians case on behalf of the FWS. On December 2, 2015, the court granted Arizona’s

motion to intervene and ordered the filing of Arizona’s motion to dismiss.

On January 8, 2015, the parties filed a joint stipulation to amend the scheduling order to

delay the start of briefing an additional 30 days. The parties filed the stipulation to allow the

New Mexico District Court to issue an expedited ruling on the motion to transfer SCI v. Jewell to

Arizona and to consolidate the case with the other Arizona cases challenging the Mexican wolf

10(j) rule. On February 11, 2016, the New Mexico District Court granted the motion to transfer

the SCI case to the Arizona District Court. On February 26, 2016, the Arizona District Court

issued an order consolidating the SCI case with the other Arizona cases. On February 23, 2016,

the plaintiffs in three of the consolidated cases filed motions for summary judgment.

On March 31, 2016, the court issued an order denying Arizona’s motion to dismiss in

CBD v. Jewell. On April 18, the federal defendants filed a cross motion for summary judgment

in CBD v. Jewell and on April 25, Arizona filed its cross motion for summary judgment in the

same case. On April 25, the federal defendants filed a cross motion for summary judgment in

WEG v. Ashe, and on May 2, Arizona filed its cross motion for summary judgment in the same

case. On May 2, the federal defendants filed a cross motion for summary judgment in Arizona

and New Mexico Coalition v. Jewell.

On June 20, 2016, the plaintiffs filed responses in opposition to the federal defendants’

and Arizona’s cross motions for summary judgment. The federal defendants filed replies on July 20 and July 27, and Arizona filed replies on July 27 and August 3. The briefing is now complete

and the next step will be a hearing on the summary judgment motions. The court heard oral

argument on April 26, 2017.

3. Center for Biological Diversity et al. v. United States Forest Service, CV-12-

8176-PCT-SMM. Plaintiffs filed an action in the U.S. District Court for Arizona on September

4, 2012. The lawsuit alleges the U.S. Forest Service (“USFS”) is violating the Resource

Conservation and Recovery Act (“RCRA”) by allowing the disposal of lead ammunition on the

3

Kaibab National Forest, and the disposal results in significant harm to the California condors and

other avian wildlife. Plaintiffs are seeking declaratory and injunctive relief requiring the USFS

to abate the harm.

On November 4, 2012, the State of Arizona, on behalf of the Arizona Game and Fish

Commission, filed a limited motion to intervene for the sole purpose of filing a motion to

dismiss on the grounds that the State of Arizona is a required party but joining the State is not

feasible due to sovereign immunity. Because the State is a required party that cannot be joined,

the case must be dismissed. Plaintiffs filed a response to the State’s motion on November 20,

2012. Plaintiffs did not object to the State’s intervention but argued that the State does not meet

the requirements of a required party.

The National Rifle Association (NRA) and Safari Club International (SCI) filed motions

to intervene on November 21, 2012. The State filed a reply on December 4, 2012, to the

Plaintiffs’ response to the State’s motion to intervene. The USFS filed a motion to dismiss on

December 14, 2012, on the basis the Court lacks jurisdiction.

On July 2, 2013, the court granted the Forest Service’s motion to dismiss. The court

agreed with the Forest Service that CBD did not have standing to bring the RCRA challenge

against the Forest Service. The court found that CBD could not satisfy the requirements for

standing because redressability was speculative on two grounds. First, in order for the Forest

Service to regulate the use of lead ammunition, it would need to undertake a rulemaking process,

comply with NEPA and consult with the Arizona Game and Fish Commission. Due to

uncertainty with this process, the court found the outcome of the process speculative. Second, the

court found that condors range in an area well beyond the Kaibab National Forest and into areas

that do not prohibit the use of lead ammunition. Therefore, even if the Forest Service banned

lead ammunition, this would not necessarily reduce the level of lead ingestion in condors.

Plaintiffs filed a notice of appeal on August 21, 2013. The Ninth Circuit held oral

argument on November 19, 2015, and took the case under advisement. The Ninth Circuit issued

a decision on January 12, 2016, reversing the lower court decision dismissing the complaint on

the basis of standing. The court found that CBD satisfied the constitutional standing

requirements, but the court remanded the case back to the district court to resolve the Forest

Service's separate motion to dismiss on the basis CBD failed to allege a legal cause of action.

On remand, the district court must decide whether the Forest Service can be held legally liable

under RCRA. If the court finds the Forest Service is not liable as a "contributor" to causing

harm to the environment, then the court will need to dismiss the case for failure to state a claim.

The district court held a status conference for April 18, 2016. The court agreed to resolve

the pending motions to intervene filed by NRA, SCI and NSSF, and then take up the Forest

Service’s motion to dismiss for failure to state a claim. On June 10, 2016, the court granted

NSSF’s, NRA’s and SCI’s motions to intervene. On July 21, 2016, the court granted the parties’

stipulated motion to set a briefing schedule on the motions to dismiss. The federal defendants

and intervenor NSSF filed their motions on August 12, 2016. The NRA and SCI will file their

motions to dismiss by August 26, 2016. The parties have completed briefing the motions to

dismiss and now await a hearing or a decision from the court.

On March 15, 2017, the district court issued an order granting the motions to dismiss.

The court on its own volition decided the case could not proceed because CBD was only seeking

an advisory opinion and did not meet the Constitution's Article III requirement of establishing an

actual case or controversy. The court concluded that CBD's requested relief for an order that the

Forest Service exercise its discretion to abate the harm from lead ammunition would be nothing

4

more than the court's recommendation to the Forest Service. According to the court, an order

that only recommends action would constitute an advisory opinion. Even if the court were to

find the Forest Service in violation of RCRA, the court could not compel it to take action to stop

the violation. CBD has sixty days from the date of the court’s order to file a notice of appeal.

CBD filed a notice of appeal on April 20 2017. As of November 30, 2017, all briefing

in the case is complete.

4. Holden and Guynn v. Arizona Game and Fish Commission, Maricopa County

Superior Court CV 2014-013211 (filed October 14, 2014). The Plaintiffs, whose Title 17

criminal charges were dismissed by the justice court (Guynn) or resulted in an acquittal

following a justice court bench trial (Holden) were separately civilly assessed by the

Commission for the loss of wildlife to Arizona. The Plaintiffs, who have not paid their civil

assessments, filed their suit against the Commission after they were denied the right to purchase

hunting licenses and big game tags.

After the superior court ruled that only a court can assess civil damages for the loss of

wildlife to the state, the Department successfully sponsored legislation to amend A.R.S. 17-314,

and the Commission directed the AGO to file suit in the superior court to collect civil damages

from Holden and Guynn. The suit was filed in September 2016. The Guynn case is continued

until April 2018, to allow Guynn to return home from serving abroad in the military. The

Holden case will be continued from February 13, 2018 to a date in March 2018.

5. WildEarth Guardians et al. v. United States Forest Service, 3:16-cv-08010-

PCT-PGR. This suit, filed January 25, 2016 by WildEarth Guardians, Grand Canyon Wildlands

Council and the Sierra Club, seeks a ruling that the Forest’s travel management decision on the

Williams, Tusayan and Kaibab Ranger Districts allowing motorized retrieval of legally-

harvested big game (elk and, for the Kaibab, elk and bison) during designated hunting seasons

violates the Forest’s Travel Management Rule, NEPA, and the National Historic Preservation

Act. The suit also seeks injunctive relief enjoining Forest from allowing motorized big game

retrieval until the Forest “can demonstrate compliance with federal law”. The Department, along

with Safari Club International, intervened as co-defendants. The parties each filed separate

motions for summary judgment. On September 26, 2017, Judge McNamee issued an order

denying the Plaintiffs motion for summary judgment and granting the Forest Service’s motion

for summary judgment. Because we sought the same relief as the Forest Service, Judge

McNamee dismissed as moot the Department’s and SCI’s motions for summary judgment. On

November 22, 2017, the Plaintiffs filed a notice of appeal. The Plaintiffs opening brief is due by

March 15, 2018. Our answering brief is due by June 29, 2018. The Appellants reply brief is

due on August 15, 2018. We do not know yet when or if the Ninth Circuit will set our case for

oral argument, but we don’t expect it to be this year. The Court will contact the parties

approximately 14 weeks before our case is set for oral argument.

Dennis G. Scarla v. Arizona Game and Fish Commission, Maricopa County Superior Court

LC2017-000019-001 (filed Jan. 23, 2017). On March 10, 2017, Dennis Scarla filed a notice of

appeal challenging the Commission’s order revoking his license to hunt, fish, and trap in the

state and denying him the privilege of obtaining a new license for a period of five years. Mr.

Scarla asserts that the Commission should not have imposed the statutory-maximum five-year

ban on him because this was his first offense. The administrative record has been forwarded

to the Superior Court and Mr. Scarla filed his Opening Brief with the Superior Court on

January 17, 2018. Our Answering Brief is due March 12, 2018.

Commission Priorities ReportFebruary 16, 2018

FY18 Target of 150,000 acres secured for access: On track, 1 new perpetual agreement completed. Target of 5,000 Volunteer hours: ~3,200 hours coordinated. Target 3 outreach efforts on Access Program targeting sportsmen: 3 for year; LR program highlighted at national cattle growers association meeting in Phoenix Jan 31. Videos to come.

Access-Landowners

116,833 Portal Memberships established. As a result of data cleanup (removal of duplicate accounts) the goal has been adjusted by 9%, from 175k to 159,640. Not on track to achieve the year's target. Countermeasures being evaluated. Sportsman's Re-Write underway. Will result in Customer Business Enterprise

Development

Data warehouse business requirements are being collected to facilitate development of the data warehouse. The data warehouse will host GDMS, FINS, ACS, LORAX, all collector app data, and field data. Business Requirements Plan is scheduled to be completed by April 1, 2018.CWM

See: Extended report given as part of this Agenda item.

Facility-Real Estate

To date the Department has stocked 269,594 lbs. of sportfish from our 750,000 lbs. target. We are currently tracking at a deficient of 56,062 lbs. Our counter measure will be to redirect $75,000 dollars of a survey budget to purchasing sportfish to lessen the shortfall.

Sportfish

Fair Chase Committee attended the Shot Show to evaluate new technology that can help better inform the Article 3 Rules Review Process. Law Branch and Region1 presented a staff paper to Estaff that proposes to retool the guide processing protocol. These changes were well received and when implemented will save hundreds of hours of staff time.

MODT-Fair Chase

Branding campaign underway; Producing videos and other content for Expo and EEC meeting; Hired social media coordinator (to start 2/26/18); PIO, AV and Creative Services assisted at elk and wolf captures; Performed a "Facebook Live" from the MWolf processing room (2/2/18); Continue to exceed digital engagement targets.

Public Affairs

Shooter days – rebounded to 225,525 through Jan., up ½ % over FY17. BASF Revenue - $1,612,862.96 through Jan., down 2% over FY17. Aggressive vendor and sponsor recruitment at Shot Show successfully filled the range with participating vendors for the innagural Media - Industry Range day at 2018 EXPO.

Customer R3

FY 18 TARGET of 500,000 acres restored: 425,526 completed. TARGET of $1 million in funding secured: $2.355 million total. TARGET of 6 aquatic restoration projects: on track. TARGET of20 catchments: 9 complete.

Habitat Conservation

WILDERNESS: Efforts to keep Cherry Creek Rd open and do W.L. mangement on WAs proving difficult. BURROS: Efforts to reduce burros also proving difficult. COLORADO RIVER: Working with DOI/BOR on fish stockings. BISON: Dept W/D from EA process, still pursuing fed legislation.

State Authority

SEE: AMS Report presented as a sepate Agenda item.

Process Improvement

Documents

Meeting Minutes of the - s3-us-west-2.amazonaws.com€¦ · Commission Meeting Minutes - 2 - February 16, 2018 Mr. Cook presented and PowerPoint presentation and briefing on the Department’s