The purpose of the proposed rule amendment is to revise the taking of wildlife on roads and right of ways prohibitions to allow falconers the ability to trap raptors on public rights of way. The U.S. Fish and Wildlife Service (Service) and FWC ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:
68A-4.008Taking Wildlife on Roads and Rights-of-Way Prohibited
PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to revise the taking of wildlife on roads and right of ways prohibitions to allow falconers the ability to trap raptors on public rights of way. The U.S. Fish and Wildlife Service (Service) and FWC currently share regulatory authority and permitting responsibilities related to falconry in Florida. The Service is relinquishing permitting responsibilities to states, Indian Tribes and U.S. territories with “certified” (by the Service) falconry regulations. Florida must have certified rules in place by January 1, 2014 in order for falconry to continue in the state. During the revision of the falconry rules we identified a connection to trapping raptors on public rights of way in which our current rule prohibits.
SUMMARY: The proposed rule amendment would modify the section in order to allow the trapping of raptors inside the guidelines of the Falconry rule on public rights of way.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The nature of the rule and the preliminary analysis conducted to determine whether a SERC was required.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.
A HEARING WILL BE HELD AT THE DATES, TIME AND PLACE SHOWN BELOW:
DATES AND TIME: During the regular meeting of the Commission, February 13-14, 2013, 8:30 a.m. - 5:00 p.m., each day
PLACE: SeaWorld Park, 7007 SeaWorld Drive, Orlando, FL 32821
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: The ADA Coordinator, at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jason Marlow, Investigator II, Division of Law Enforcement, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600

THE FULL TEXT OF THE PROPOSED RULE IS:

68A-4.008 Taking Wildlife on Roads and Rights-of-Way Prohibited.

(1) It shall be unlawful to take or attempt to take wildlife (except for the collection of amphibians or reptiles without the use of a gun and the take of raptors per Rule 68A-9.005, F.A.C.) on, upon or from the right-of-way of any federal, state or county-maintained road whether paved or otherwise. Taking or attempting to take wildlife (except for the collection of amphibians and reptiles without the use of a gun and the take of raptors per Rule 68A-9.005, F.A.C.) while such wildlife is on or upon the right-of-way of any federal, state or county-maintained road whether paved or otherwise, is prohibited.

(2) through (3) No change.

PROPOSED EFFECTIVE DATE: July 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.1025 FS. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-83, Formerly 39-4.08, Amended 6-11-87, 6-7-88, 6-15-89, Formerly 39-4.008, Amended 5-1-03, 3-25-12, 7-1-13.

BE ADVISED THAT THESE PROPOSED RULES MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE FOLLOWING THE COMMISSION MEETING AT WHICH THEY ARE CONSIDERED IF THE RULES ARE NOT CHANGED.  IF CHANGED, THE RULES MAY BE FILED AS SOON AS POSSIBLE AFTER PUBLICATION OF A NOTICE OF CHANGE IN THE F.A.R.

NAME OF PERSON ORIGINATING PROPOSED RULE: Jason Marlow, Investigator II, Division of Law Enforcement, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 5, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 8, 2012