68A-16.001. Migratory Birds; Adoption of Federal Statutes and Regulations

(1) The following United States statutes are hereby adopted as rules of the Commission and are incorporated herein by reference.

(a) The Migratory Bird Treaty Act, 16 U.S.C. Sections 703-711 and 16 U.S.C. Section 712.

(b) The Migratory Bird Conservation Act, 16 U.S.C. Section 715.

(c) The Migratory Bird Hunting Stamp Act, 16 U.S.C. Sections 718-718h.

(2) Rules and regulations adopted by the U.S. Department of the Interior, Fish and Wildlife Service, pursuant to the statutes listed in subsection (1), cited as Title 50, Code of Federal Regulations, Chapter 1, Subchapters A, B and C, are hereby adopted as rules of the Commission and are incorporated herein by reference.

(3) 16 U.S.C., Section 460 K, and 50 CFR, Chapter 1, Subchapter C, Part 25, of the U.S. Department of the Interior, Fish and Wildlife Service, relating to wildlife or freshwater fish on national wildlife refuges or national wildlife management areas are hereby adopted as rules of the Commission on such refuges and wildlife management areas and are incorporated herein by reference.

(4) Regulations of the U.S. Department of the Interior, Fish and Wildlife Service, specifically Title 50 CFR, Part 21, Subpart C, Section 21.30, relating to raptor propagation, except as modified below, are hereby adopted as rules of the Commission and are incorporated herein by reference.

(a) No person shall possess any raptor for captive propagation purposes in Florida without a raptor propagation permit from the executive director and a raptor propagation permit approved by the director of the U.S. Fish and Wildlife Service. Application for state raptor propagation permits shall be by copy of the application for the federal raptor propagation permit as written in the Code of Federal Regulations, Title 50, Part 21, Subpart C, Section 21.30.

(b) Permittees shall provide copies of all annual reports required by regulations written in the Code of Federal Regulations, Title 50, Part 21, Subpart C, Section 21.30, to the Commission by January 31 of each year. The applicant’s facility shall be available for inspection by Commission representatives during reasonable hours. Records required in federal regulations written in the Code of Federal Regulations, Title 50, Part 21, Subpart C, Section 21.30, shall be made available for inspection by Commission representatives upon request. Applicants and permittees shall be subject to the general regulations relating to licenses, permits and other authorizations as set forth in Rule 68-1.010, F.A.C.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Formerly 39-13.02, Amended 7-1-94, 8-11-98, Formerly 39-13.002, 68A-13.002, Amended 3-24-13.