Arizona Sportsmans Trail Cam Defense Fund

The Arizona Sportsman's Trail Cam Defense Fund has been set up to aid in the fight against an illegitimate and biased rule making process by the Arizona Game & Fish Commission.  Attorneys have been hired by a group of locally banded sportsmen from all across the state of Arizona who are determined to fight for our rights as hunters.

A goal of $50,000 has been set as the possibility of a lawsuit against the AZGFD is quite likely. This money will only go to support attorneys fee's alone. Any surplus of money raised once the trail cam issue is settled will be split up and donated to local 501c3's such as Christian Hunters of America (CHA), Arizona Mule Deer Org (AMDO) .  These organizations specifically  earmark money to be used to supply water to Arizona wildlife during this prolonged drought!  They support our rights as Hunters here in Arizona!

Many families enjoy the activities of the outdoors and specifically enjoy placing trail cameras in the wild. Children with their parents or relatives all experience the outdoors and being able to see native wildlife in their habitat is a motivator for future generations of hunters. Lets preserve this current right to run trail cameras.

The following MAJOR organizations have been publicly out spoken that there are no ethical issues present with trail cameras and their utilization in hunting..
- Safari Club International
- National Wild Turkey Federation
- Rocky Mountain Elk Foundation
- Boone & Crockett Club
- Pope & Young Club
Cited by AZGFD Commissioner in 6-8-2018 commission meeting.

Additional organizations that have spoken up and released letters against the proposed ban..
- Christian Hunters of America (CHA)
- Arizona Mule Deer Organization (AMDO)
- Safari Club Az (SCI)

ENGLISH
LAW FIRM, PLLC
7l I Whipple Street, Suite E Prescott, AZ8630l Phone: (928) [phone redacted]
[email redacted] www.prescottazlaw.com
March 12,2021
VIA US CERTIF'IED MAIL
Charles Podolak
Natural Resource Policy Advisor, Office of the Governor 1700 W. Washington St. Phoenix, A285007-2888
Re: Arizona Game and Fish Department Unlawful Rulemaking
Dear Mr. Podolak,
This law firm represents a group of Arizona sportsmen who believe the Arizona Game and Fish Department is engaged in unlawful rulemaking.
The Arizona Game and Fish Department is in the process of adopting a rule that would ban the use of trail cameras. As you know, the Governor's Executive Orders 2020-02 and 2021-02, place a moratorium on state agency rulemaking. To conduct a rulemaking, a state agency must obtain prior written approval from the Office of the Governor after addressing one or more specific justifications for making a new rule.
On or about October 27, 2020, Ty Gray, Director of the Arizona Game and Fish
Department, wrote you a letter requesting permission to initiate a rulemaking to "regulate the use of trail cameras." The justification Mr. Gray cited was o'To prevent a significant threat to public
health, peace or safety." Executive Order 2020-02(l)(C). Mr. Gray explained, in part, that "The use of trail cameras pose an increasing threat of breach of peace as social media surrounding the use of trail cameras indicate potential for violent confrontation between those who support their use and those opposed to such methods." Mr. Gray's letter is enclosed for your reference.
The Department's significant threat assertion is not supported by a.ry articulable facts. There are no documented incidents of breach of peace. There are no documented incidents of violent confrontations. There is no significant threat to public health, peace or safety.
Additionally, the significant threat justification cited in Mr. Gray's letter is inconsistent with the justification cited by the Department in its Notice of Proposed Rulemaking. In the Notice of
Proposed Rulemaking, beginning on page 3, the Arizona Game and Fish Department, through the Commission, sets forth its true justification for banning trail cameras as follows:
The Commission believes the reason the rule exists is to prohibit those devices and methods that compromise the spirit of fair chase. "Fair Chase" means the ethical and
lawful pursuit and take of free-range wildlife in a manner that does not give the hunter or angler improper or unfair advantage over such wildlife. The following criteria are used to evaluate whether a new technolory 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 wildtife in the field; or almost guarantee the harvest of wildlife when the technology or practice prevents wildlife from eluding take.
The Commission recognized the need to further evaluate regulatory measures pertaining to the use of trail cameras, as they relate to the 6take of wildlife' and the Fair Chase hunting ethic, and proposes to amend the rule to prohibit the use of a trail camera or images from a trail camera 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. This change is in response to customer comments received by the
Department.
I have enclosed a complete copy of the Arizona Game and Fish Department's Notice of Proposed Rulemaking for your reference. Clearly, the Department's Notice of Proposed Rulemaking cites "Fair Chase" as the justification for the new rule banning trail cameras. This is inconsistent with the justification the Department cited to obtain permission from the Offrce of the Governor to conduct the rulemaking. Nowhere in the Notice of Proposed Rulemaking does the Commission or Department cite a significant threat to public health, peace or safety - because there isn't one. My clients are curious to know what evidence and/or data was presented to the Offrce of the Governor to demonstrate the existence of a significant threat to public health, peace or safety.
Please consider this letter our clients' formal demand that the Office of the Governor rescind the permission given to the Arizona Game and Fish Department to conduct this
rulemaking.
Sincerely,
P. Eric English
Enclosures
CC: Clients without enclosures
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