The purpose of the proposed rule change is to revise regulations regarding the importation and possession of carcass or parts therefrom of any species in the family Cervidae originating outside of Florida. The effect of ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-4.0053Importation and Possession of Carcasses from Deer, Elk and Other Wildlife Species in the Family of Cervidae

PURPOSE AND EFFECT: The purpose of the proposed rule change is to revise regulations regarding the importation and possession of carcass or parts therefrom of any species in the family Cervidae originating outside of Florida. The effect of the proposed rule amendment would be to help minimize the risk of chronic wasting disease (CWD) being accidentally introduced into or spread throughout Florida

SUMMARY: Prohibit importing or possessing whole carcasses and certain parts thereof of any species in the family Cervidae (deer family) originating from any place outside of Florida except for de-boned meat; finished taxidermy mounts; antlers; hides; and skulls, skull caps, and teeth if all soft tissue has been removed. Exempt from these carcass importation and possession limits are white-tailed deer legally harvested from any property in Georgia or Alabama that is bisected by the Florida state line and under the same ownership.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will 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 DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: During the Commission’s regular meeting February 25-26, 2021, 8:30 a.m. to 5:00 p.m., each day.

PLACE: Live video broadcast via Adobe Connect and The Florida Channel.

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: George Warthen, Director, Division of Hunting and Game Management, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68A-4.0053 Importation and Possession of Carcasses from Deer, Elk and Other Wildlife Species in the Family of Cervidae.

No person shall import or possess the carcass or any parts therefrom of any deer, elk or other species in from the family Cervidae originating from any place outside of Florida state or province where Chronic Wasting Disease (CWD) has been documented on a list maintained by the United States Department of Agriculture Animal and Plant Health Inspection Service except:

(1) boned-out meat or products thereof; processed meat cuts,

(2) clean hides a hide with no head attached;

(3) antlers, antlers with a clean skull plate with no tissue attached or clean skulls with no tissue attached;,

(4) finished taxidermy products;, and

(5) clean upper canines teeth with no tissue attached, provided a person may import or possess the carcass or parts thereof of any white-tailed deer orginating and legally harvested from a property in Georgia or Alabama if such property where it was harvested is bisected by the Florida state line and under the same ownership on both sides of the state line. Any carcass, regardless of origin, of any species in the family Cervidae cervid testing positive for CWD shall be surrendered to FWC personnel.

PROPOSED EFFECTIVE DATE:  July 1, 2021.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-05, 7-1-21.

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: George Warthen, Director, Division of Hunting and Game Management, 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: December 17, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 19, 2020