3-906. Collection and salvage of protected
plants; procedures, permits, tags and seals; duration;
exception
A. Except as provided in this chapter a person shall not take, transport or possess
any protected native plant taken from the original growing site in this state without
possessing a valid permit issued by the division. The division shall issue permits in
either a name or business name. A permit to take, transport or possess native plants is
nontransferable, except that a permittee, by subcontract or otherwise, may allow its
agents to work under the permit if the permittee remains primarily responsible for the
actions of persons acting under his expressed or implied authority.
B. In addition to the requirements prescribed by this section, a person who moves
or salvages a saguaro cactus (cereus giganteus) that is more than four feet tall, from
other than its original growing location, must purchase a permit, tag and seal from the
department. A person may move a saguaro cactus without obtaining a permit, tag and seal
only if the person maintains documentation of a previous legal movement or if the
department has record of a previous legal movement of the cactus by the person. Saguaro
cacti that are propagated by humans are exempt from the requirements of this subsection.
C. Permits applicable to highly safeguarded native plants may be issued only for
collection for scientific purposes or for the noncommercial salvage of highly safeguarded
native plants whose existence is threatened by intended destruction, or by their location
or by a change in land usage, and if the permit may enhance the survival of the affected
species.
D. Permits issued for the salvage of salvage assessed native plants shall be issued
for a period of one calendar year without respect to the land from which the plants will
later be taken. The associated tags and seals shall be issued individually or in bulk on
payment of any fees required under section 3-913, subsection A, without respect to the
specific plants for which they will be used. All such tags and seals remain valid for use
in subsequent years as long as the permit is renewed.
E. The division shall provide tags and seals for each permit issued for taking,
transporting or possessing highly safeguarded, salvage restricted or salvage assessed
native plants. The director by rule shall establish procedures and forms for permits,
tags and seals to be issued for the collection and salvage of highly safeguarded native
plants and the salvage of salvage restricted and salvage assessed native plants. The
director by rule may establish and modify the form and character of the tags and seals
described in this section. All such tags and seals shall be attached to the plants at the
time of taking and before transporting. It is unlawful to remove a tag or seal from a
protected native plant that has been taken and tagged pursuant to this article before the
plant has been transplanted at its designated site. A tag or seal may be removed only by
a designated agent of the division or by the owner of the plant.
F. This section does not apply to the transporting of protected native plants by a
landowner or his agent from one of his properties to another if the plants are not
offered for sale.
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