ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
G&F; private lands; trespassing
Purpose
Prohibits the taking of wildlife from private land without permission from the landowner or lessee under certain circumstances. Modifies requirements for posted notices and signboards prohibiting hunting, trapping, fishing, taking and guiding on private land.
Background
Under current statute it is unlawful for a person to enter a game refuge or an area closed to hunting, trapping or fishing and take, drive or attempt to drive wildlife from the area without permission from the Arizona Game and Fish Commission.
If a private landowner desires to prohibit hunting, fishing or trapping on their land without permission, the landowner must post notice or signboard containing the phrase no hunting, no trapping or no fishing, or any combination, conspicuously at least four feet above the ground at all points of vehicular access, at property or fence corners and intervals of not more than one-quarter mile along the property boundary.
A person is subject to the charge of criminal trespass if the notices or signboards contain the phrase no trespassing or a person remains on the property after asked to leave by the owner, designee of the owner or a law enforcement officer (A.R.S. 17-303 & 17-304).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Deems it unlawful to take wildlife on private land without authorization from the landowner or lessee if a no trespassing sign is posted or the trespasser remains on the land after a request to leave has been made.
2. Allows for a landowner or lessee to grant permission for access to their land for hunting, fishing, trapping or guiding by means other than in writing.
3. Adds the phrases no trespassing and no guiding as valid notice or signboard language to prohibit hunting, fishing, trapping or guiding on private land.
4. Eliminates the requirement that posted signs be at least four feet above ground level.
5. Includes guiding in requirements for a landowner or lessee to prohibit hunting, fishing or trapping on private land.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
House Action
LARA 1/20/21 DP 11-0-0-0
3rd Read 2/4/21 59-0-0-0-1
Prepared by Senate Research
March 8, 2021
KN/RA/gs