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Florida Administrative Code (Last Updated: October 28, 2024) |
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68. Fish and Wildlife Conservation Commission |
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68A. Freshwater Fish and Wildlife |
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68A-6. Captive Wildlife |
1(1) Any person in possession of captive wildlife which requires a license or permit issued under Sections 18379.3761, 19379.3762, 20or 21379.372, F.S., 23or those facilities exempt from licensure pursuant to Section 32379.3761(4), F.S., 34shall report any injury from such wildlife which results in:
44(a) Treatment beyond basic first aid, except if occurring to the licensee, an employee authorized as a Corporate Authorized Individual on the license in accordance with Rule 7168A-6.004(2)(e) 72or 68A-6.017(2)(e)4., F.A.C, or an individual with required experience documentation on file for such wildlife in accordance with Rule 9168A-6.004(2)(c), 9268A-6.004(2)(d), 9368A-6.004(4)(b), 94or 68A-6.017(2)(e), F.A.C. Such injury shall be reported immediately, or as soon as practicable, to the Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement.
120(b) Serious bodily injury to the licensee, an employee authorized as a Corporate Authorized Individual on the license in accordance with Rule 14268A-6.004(2)(e) 143or 68A-6.017(2)(e)4., F.A.C, or an individual with required experience documentation on file for such wildlife in accordance with Rule 16268A-6.004(2)(c), 16368A-6.004(2)(d), 16468A-6.004(4)(b), 165or 68A-6.017(2)(e), F.A.C. Such injury shall be reported immediately, or as soon as practicable, to the Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement.
191(2) Escapes
193Any person in possession of wildlife which requires a license or permit issued under Sections 208379.3761, 209379.3762, 210or 211379.372, F.S., 213or those facilities exempt from licensure pursuant to Section 222379.3761(4), F.S., 224shall make reasonable efforts to ensure recapture and return of the escaped wildlife to containment. Such person shall contact the Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement as required below:
257(a) Any person in possession of Class I wildlife, Class II wildlife, or capuchin, spider, or woolly monkeys, shall report any escapes of such wildlife immediately upon discovery. For the purposes of this paragraph, “escape” shall mean escape from the primary enclosure or escape from transport enclosure, leash, other constraint, or rigid supervision and control while outside of the primary enclosure.
318(b) Any person in possession of venomous reptiles or reptiles of concern shall report any escapes of such wildlife immediately upon discovery. For the purposes of this paragraph, “escape” shall mean escape from primary containment when its whereabouts are unknown, or any escape from secondary containment.
364(c) Any person in possession of Class III wildlife, except capuchin, spider, or woolly monkeys, shall report any escapes of such wildlife as soon as practicable, but no later than 12 hours after discovery of the escape. For the purposes of this paragraph, “escape” shall include any of the following:
4141. Escape from the primary enclosure when the whereabouts of the wildlife is unknown;
4282. Escape from the primary enclosure when the whereabouts of the wildlife is known, but wildlife cannot be captured prior to the end of the required reporting period;
4563. Escape from the approved facility location;
4634. Escape from transport enclosure, leash, other constraint, or rigid supervision and control while outside the approved facility location.
482(3) Any person authorized to possess Class I wildlife or venomous reptiles shall maintain a list of the current contiguous landowners or neighbors included with the information required in subsections 51268A-6.004(7) 513and 68A-6.017(4), F.A.C. Such list shall include the name and address for contiguous landowners or neighbors. For the purposes of this paragraph, a “contiguous landowner or neighbor” shall mean the current resident, if known, or landowner for all properties sharing a common boundary with the facility location. If the contiguous landowner or neighbor is a business complex or multi-unit dwelling, or if the facility is located in a business complex or multi-unit dwelling, the name and address of the building manager or property manager shall be maintained, if one exists. The entire width of a roadway shall be considered sharing a common boundary in instances of a roadway between neighboring properties.
624(4) Failure to report any injury as specified in subsection (1) above, shall be considered a violation of this rule.
644(5) Failure to report any escapes of wildlife as specified in subsection (2) above, shall be considered a violation of this rule.
666(6) Any person who maintains captive wildlife in a manner which results in injury as specified in subsection (1) above due to such person maintaining captive wildlife in an unsafe condition or in a manner which results in threats to public safety commits a violation of paragraph 68A-6.009(1)(e), F.A.C.
715(7) Any person who maintains captive wildlife in a manner which results in escape of wildlife as specified in subsection (2) above due to such person maintaining captive wildlife in an unsafe condition or in a manner which results in a threat to public safety commits a violation of paragraph 68A-6.009(1)(f), F.A.C.
767Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7849-30-19, Amended 1-11-23.
