“We
take protecting Saguaros very seriously,” said Hermes.
“But there are different requirements, depending
on where the Saguaro is.”
While
a private landowner has a little more leeway on
what they can do with a Saguaro on their own property,
there are still some rules to follow.
Anyone
wishing to move a Saguaro on their own property
doesn’t need to do anything more than find a few
strong backs and the right equipment. However, if
you feel that giant cactus just has to go, you can’t
simply cut it down with a chainsaw.
A
private property owner wishing to remove a Saguaro
from their property, or just have it destroyed,
must contact the ADA 20 to 60 days prior to the
planned removal. During that time, the department
contacts Saguaro salvage companies who will remove
the cactus at no cost.
“That
cost usually is passed on to whoever buys the salvaged
cactus, though,” said Hermes.
He
cautions potential buyers to check the license of
anyone selling Saguaros or other protected species,
especially those selling along the side of the road.
“We’ve
had cases where people go onto state land, remove
the plants, and then try and sell them,” Hermes
said, pointing to a recent court case that resulted
in a person being fined $100,000 for illegally removing
about 300 Mesquite trees from state land.
Planting
a large Saguaro is an involved process, and buyers
should be aware that it takes more than a few minutes
and a shovel to do it. Consult with the seller or
a local nursery on how to plant a Saguaro properly.
A
landowner does have the right to sell or give away
the Saguaro, but a protected plant species may not
be “legally possessed, taken or transported from
the growing site without a permit,” according to
the agriculture department.
Permit
fees range from $5 to $25, depending on use. The
lower‑end fees typically are for one‑time
use, while the higher fees are annual charges. Check
out the ADA Web site www.azda.gov for more information.
To
illustrate how serious the ADA takes the issue,
Hermes pointed out, in response to a hypothetical
situation presented by The Desert Advocate, that
a person cannot even use a Saguaro growing on their
own property for target practice.
“That’s
damaging the cactus, and that means you would have
to notify us and seek a permit
for destruction of a protected species.”
Developers
can apply for one permit to handle all protected
plant species on their land, but Hermes said no
protected species may be destroyed in the course
of construction without getting that permit.
Patrick
Brasington, chief ranger for the Phoenix District
of the Bureau of Land Management, said Saguaros
are regulated by the state and that no one may remove
or damage a Saguaro on state or federal land.
Anyone
caught damaging a Saguaro faces penalties, including
a fine and possibly jail time.
“It’s
a Class A misdemeanor, which is punishable with
a fine and up to one year in prison,” said Brasington.
“Not to mention we can charge them with damage to
government property and theft of resources.”
The
fine for most violations is $250, according to Brasington,
but that doesn’t include the cost
of damages, which currently is $12 per foot of cactus
height, plus rehabilitation charges.
However,
each arm of the cactus is also counted as part of
the height. For example, he said a person convicted
of destroying a 19‑foot Saguaro with five
arms would face a fine of about
$2,000.
Brasington
related that his office gets around 100 reports
of damage to protected plants each year, but only
about 40 of those are they able to pursue to some
degree; and, even worse,
only about a dozen cases a year are backed up with
enough evidence to take to court.
The
ADA hotline for anyone witnessing destruction of
protected plants is 602‑364‑0907.