TRAIL CAM BAN UPDATE 3/17/21

[654321]

TIME CERTAIN AT 8:30 AM 3) Request to Approve Notice of Final Rulemaking and Economic Impact Statement Amending Rules Within Articles 1. Definitions and General Provisions and 3. Taking and Handling of Wildlife. Presenter: Larry Phoenix, FOR2 Regional Supervisor. The Department will ask the Commission to vote to approve a Notice of Final Rulemaking and Economic Impact Statement amending rules within Articles 1. Definitions and General Provisions and 3. Taking and Handling of Wildlife, related to the use of trail cameras.

[bowhunter4life]

The official report

 

Ty E. Gray, Director
FROM: Tom Finley, Deputy Director TF
PRESENTER: Larry Phoenix, FOR2 Regional Supervisor
TITLE: Request to Approve Notice of Final Rulemaking and Economic Impact Statement Amending Rules Within Article 3. Taking and Handling of Wildlife.
DESCRIPTION: The Department will ask the Commission to vote to approve a Notice of Final Rulemaking and Economic Impact Statement amending rules within Article 3. Taking and Handling of Wildlife to regulate the use of trail cameras for the purpose of take. The Commission may vote to take action on and/or provide the Department direction on this item.
DATE: June 2, 2021
The Commission proposes to amend rules within Article 3 addressing the taking and handling of wildlife to regulate the use of trail cameras for the purpose of taking or aiding in the take of wildlife.
The Commission is considering regulating trail cameras as a result of concerns including:
• The use of trail cameras as it relates to Fair Chase.
o Commission Policy on Fair Chase includes: “…new or evolving technologies and practices that provide hunters or anglers with an improper or unfair advantage in the pursuit and taking of wildlife, or may create a public perception of an improper or unfair advantage…” The following criteria are used to evaluate whether a new technology or practice violates the Fair Chase ethic; does the technology or practice allow a hunter or angler to: locate or take wildlife without acquiring necessary hunting and angling skills or competency; pursue or take wildlife without being physically present and pursuing wildlife in the field; or almost guarantee the harvest of wildlife when the technology or practice prevents wildlife from eluding take.
• The use of trail cameras has become an increasing source of conflict between and amongst hunters, including increased traffic by hunters checking cameras for future hunts, during the hunts of others.
• Frequent visits to set and/or check trail cameras cause disturbance to wildlife, which may be exacerbated during extended dry periods of the year and during drought conditions.
• Livestock operators are concerned that frequent visits to set and/or check trail cameras are negatively affecting livestock operations.
• Invasion of privacy when trail cameras photograph other people in the field without permission.
• The potential monetization of game cameras to include services to place, monitor, check and sell camera images, and if those services increase, the numbers of cameras and their use for take could dramatically increase.
• Trail camera use has also been raised with the State Legislature and legislation has previously been introduced that has so far not advanced because the Commission maintains the authority to examine this issue through rulemaking.
As the state population continues to grow, the number of cameras continue to steadily increase as do
Arizona Game and Fish Commission Memo
Re: Request to Approve Notice of Final Rulemaking Amending Rules Within Article 3.
Page 2
concerns. The frequency and severity of these concerns is reasonably expected to continue to increase as technology advances, populations grow, and trail camera use continues to increase.
At the December 2020 Commission Meeting, the Commission directed the Department to pursue rulemaking to prohibit the use of trail cameras for the purpose of taking or aiding in the take of wildlife, or locating wildlife for the purpose of taking or aiding in the take of wildlife. The public comment period ran from January 1 through February 1, 2021. Over 2,000 public comments were received in response to the proposed rulemaking, all of which were provided to the Commission for consideration. A summary of those comments are included in the State-wide Prohibition Notice of Final Rulemaking, which is attached for the Commission’s consideration.
At the February 2021 Commission Meeting, the Commission directed the Department to pursue additional rulemaking to establish a seasonal prohibition on the use of trail cameras for the purpose of taking or aiding in the take of wildlife, or locating wildlife for the purpose of taking or aiding in the take of wildlife; and prohibit the use of trail cameras for the purpose of taking or aiding in the take of wildlife, or locating wildlife for the purpose of taking or aiding in the take of wildlife within one-fourth mile of a developed water source. The public comment period ran from March 12 through April 12, 2021. In addition to an advocate facilitated online petition that acquired over 6,000 signatures, over 1,800 public comments were received in response to the proposed rulemaking, all of which were provided to the Commission for consideration. A summary of those comments are included in the Seasonal/Developed Water Prohibition Notice of Final Rulemaking, which is attached for the Commission’s consideration.
If approved by the Commission and in accordance with the exemption authorized by the Governor's Office, the Department will submit the selected final rulemaking package to the Governor’s Regulatory Review Council for review and placement on a future agenda.
RECOMMENDATION:
THE DEPARTMENT RECOMMENDS THAT THE COMMISSION VOTE TO APPROVE THE NOTICE OF FINAL RULEMAKING AND ECONOMIC IMPACT STATEMENT AMENDING RULES WITHIN ARTICLE 3. TAKING AND HANDLING OF WILDLIFE TO ADOPT ONE OF THE TWO OPTIONS PRESENTED.
TF:LP:cmc
Attachments: State-wide Prohibition Notice of Final Rulemaking and Economic Impact Statement
Seasonal/Developed Water Prohibition Notice of Final Rulemaking and Economic Impact Statement

[huntlines]

On 3/17/2021 at 11:53 AM, SirRoyal said:

 The 1st attachment is a cover letter relaying a statement of an alliance of homegrown sportsmen here in Arizona  

The 2nd and 3rd attachment is our attorneys letter delivered 3/15/21 to the Governors office pertaining to the trail camera ban.

 

 

Update?

[654321]

https://www.azgfd.com/reminder-new-rule-prohibiting-use-of-trail-cameras-for-the-take-of-wildlife-becomes-effective-jan-1/#:~:text=Reminder%3A New rule,information%2C click HERE.

[HuntHarder]

Josiah went MIA on this issue.  

[trphyhntr]

What if I kill a buck in the future that was on my cam prior to 1-1-22

[520HUNT]

G&F will need a search warrant to take or check your camera... good luck with that

[Swivelhead]

53 minutes ago, 520HUNT said:

G&F will need a search warrant to take or check your camera... good luck with that

"Probable Cause" will likely be the excuse to examine cameras/SD cards.

How will AZGF determine intent?  What if I photograph a bruiser bull with my cellphone, post it here and later take said bull?  Will the sleuths @ AZGF show up at my house?  This ban is going to be a mess. 

[Yuma Outdoorsman]

2 hours ago, trphyhntr said:

What if I kill a buck in the future that was on my cam prior to 1-1-22

I heard second hand so you know how that goes but according to a game warden in Yuma that spoke at a Yuma Valley Rod and Gun Club meeting, if you shoot a buck on 1/1/22 and had a trail camera photo of it at all in 2021, you could be written a ticket based on the warden's discretion. I don't see a game warden writing a ticket for it but this warden said it was possible. 

[Edge]

8 minutes ago, Yuma Outdoorsman said:

I heard second hand so you know how that goes but according to a game warden in Yuma that spoke at a Yuma Valley Rod and Gun Club meeting, if you shoot a buck on 1/1/22 and had a trail camera photo of it at all in 2021, you could be written a ticket based on the warden's discretion. I don't see a game warden writing a ticket for it but this warden said it was possible. 

I guess you'd have to post those pics on social media or the warden would need to show cause and get a search warrant to look through your devices.

if it came to that, save your ammo for two legged game.

 

[HuntHarder]

2 hours ago, trphyhntr said:

What if I kill a buck in the future that was on my cam prior to 1-1-22

Thats a huge "what if"

[Sixgunz]

2 hours ago, 520HUNT said:

G&F will need a search warrant to take or check your camera... good luck with that

 

Negative.  It's abandoned property.  They can search it all they want.  You have no expectation of privacy regarding a trail camera you stick to a tree on public land for a month.

 

Now, proving you put it there...that's another story.

[trphyhntr]

5 minutes ago, HuntHarder said:

Thats a huge "what if"

yeah ive never even seen an animal ive had on cam. 

[520HUNT]

13 minutes ago, Sixgunz said:

 

Negative.  It's abandoned property.  They can search it all they want.  You have no expectation of privacy regarding a trail camera you stick to a tree on public land for a month.

 

Now, proving you put it there...that's another story.

then so is your tent and truck you use while hunting

[Sixgunz]

7 minutes ago, 520HUNT said:

then so is your tent and truck you use while hunting

 

You leave your tent and truck out in the woods, unoccupied, for a month?

 

I'm just telling you the law.  You can split hairs all you want.

 

And, yes, they can search both of those without a warrant.  Google "mobile vehicle exception to the search warrant law".