The purpose of the proposed rule amendment is to revise regulations regarding handling and transportation of harvested deer. The effect of the proposed rule changes will be to enable the agency to better manage deer populations ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-12.004Possession or Sale of Birds or Mammals; Taxidermy Operations and Mounting Requirements

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to revise regulations regarding handling and transportation of harvested deer. The effect of the proposed rule changes will be to enable the agency to better manage deer populations throughout the state.

SUMMARY: The proposed rule amendment would establish or amend regulations regarding labeling, transportation, storage, and recordkeeping requirements for harvested deer and clarify that processors, storage facilities, and taxidermists are not subject to possession limits for deer.

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 DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: During the Commission’s regular meeting March 2-3, 2022, 8:30 a.m. to 5:00 p.m., each day.

PLACE: TBA

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: Cory Morea, Deer Management Program Coordinator, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68A-12.004 Possession or Sale of Birds or Mammals; Taxidermy Operations and Mounting Requirements.

(1) No change.

(2) Game legally taken may be stored in public cold storage, refrigerators, ice houses or ice boxes when packaged or tagged labeled and clearly marked with the owner’s name and, if a license is required, license number or FWC-issued customer number (if license is required).

(a) Any deer, or portions or parts thereof, subject to the provisions of paragraph 68A-12.003(2)(c), F.A.C., shall also have the Commission’s harvest reporting system confirmation number recorded on the label, and any deer, or portions or parts thereof, legally taken out-of-state shall also have the telephone number of the person taking or acquiring such deer and the state of harvest recorded on the label. Such labeling shall remain on the deer, or portions or parts thereof, until final processing or until stored at the domicile of its possessor. As an alternative to labeling, the owner of any public cold storage, refrigerators, ice houses or ice boxes may use a log book and numbering or other tracking system. The log book shall contain the same information required of the aforementioned label. The log book shall be kept on the premises for inspection by Law Enforcement Officers of the Commission.

(b) The owner, operator, or lessee of public cold storage, refrigerators, ice houses or ice boxes or a taxidermy or processing facility are not subject to possession limits described in Chapter 68A-13, F.A.C. for any game legally taken by another and stored in their facility.

(3) through (10) No change.

(11) Taxidermy operations and mounting requirements:

(a) Any person engaged in taxidermy shall tag label all carcasses (whole specimens), untanned hides, and uncured animal parts of fish and wildlife, possessed or received with the name of the person taking or acquiring such fish or wildlife, the person’s address, and date taken or acquired. In addition, any deer subject to the provisions of paragraph 68A-12.003(2)(c), F.A.C., shall have the Commission’s harvest reporting system confirmation number recorded on the tag label, and any deer, or portions or parts thereof, legally taken out-of-state shall have the telephone number of the person taking or acquiring such deer and the state of harvest recorded on the label. As an alternative to tagging labeling, persons engaged in taxidermy may choose to use a log book and numbering or tracking system. The log book shall contain the same information required of the aforementioned tag label. The carcass, untanned hide, or uncured animal part shall be assigned a number, which shall be affixed to the specimen so as to be readily identifiable and traceable to the log book information. The log book shall be kept on the taxidermist’s premises for inspection by Law Enforecement Officers of the Commission personnel.

(b) through (e) No change.

(12) No change.

PROPOSED EFFECTIVE DATE: July 1, 2022

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-4-81, 6-21-82, 7-5-84, Formerly 39-12.04, Amended 5-10-87, 6-8-87, 4-20-94, 8-7-97, Formerly 39-12.004, Amended 7-29-15, 1-11-17, 7-1-19, 7-4-21, 7-1-2022.

 

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 16, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 5, 2021