The proposed changes will provide definitions, add species to the Prohibited species list, and include grandfathering language for people currently in possession of species being added to the Prohibited species list for personal use. These changes ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

RULE NOS.:RULE TITLES:

68-5.002Definitions

68-5.006Prohibited Non-Native Species

68-5.007Possession of Prohibited Non-Native Species

PURPOSE AND EFFECT: The proposed changes will provide definitions, add species to the Prohibited species list, and include grandfathering language for people currently in possession of species being added to the Prohibited species list for personal use. These changes are proposed to improve rule clarity and address high-risk species

SUMMARY: These rules provide definitions related to nonnative species possession and importation into Florida, as well as identifying certain species as Prohibited and detailing the possession requirements for those species. The proposed changes will improve clarity in the rule chapter and address certain high-risk species.

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, Sec. 9, Florida Constitution

LAW IMPLEMENTED: Article IV, Sec. 9, Florida Constitution

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATES AND TIMES: During the Commission’s regular meeting February 20 and 21, 2019, 8:30 a.m. to 5:00 p.m., each day.

PLACE: Best Western Gateway Grand, 4200 NW 97th Boulevard, Gainesville, Florida 32606.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kristen Sommers, Section Leader, Wildlife Impact Management Section, Florida Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68-5.002 Definitions

(1) Closed tank system – enclosed recirculating systems having no water discharge, having water discharge through a closed drain system, or other system designed to prevent discharge of water containing adults, juveniles, eggs, or disease vectors into private or public lands, waters, or municipal sewer systems from the permittee’s property.

(2) Commercial import or export business – a business whose activity includes the commercial purchase, sale, or trade through importing and/or exporting nonnative fish and wildlife.

(3) Educational exhibit – an organized presentation or display of a nonnative fish or wildlife species along with a selection of educational materials to include interpretive signs, presentations, brochures, handouts, or other materials which impart knowledge about the displayed species. Such materials shall include information about the species’ range, habitat, biology, and threats the species poses to Florida’s ecology, economy, or human health and safety.

(4) Escape-proof – all potential escape routes, to include but not limited to drains, gates, windows, vents, gaps, cracks and doors, are secured in a manner to prevent escape.

(5) Export – to depart from, to send from, to ship from, or to carry out of, or attempt to depart from, send from, ship from, or carry out of, or to consign to a carrier any nonnative fish or wildlife species in any place in Florida with an intended destination of any place outside of Florida.

(6) Import – to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce any nonnative fish or wildlife species into any place subject to the jurisdiction of the State of Florida.

(7) Personal possession – possession of fish or wildlife maintained in captivity for personal use or enjoyment.

(8) Public aquaria – permanent, fixed aquaria in which Conditional and/or Prohibited species are confined in such a manner that the general public is able to view them during regularly scheduled business hours, with or without a fee.

(9) Public exhibitor – a permanent, fixed facility in which Conditional and/or Prohibited species are confined in such a manner that the general public is able to view them during regularly scheduled business hours, with or without a fee.

(10) Public zoological park – a permanent, fixed zoological park in which Conditional and/or Prohibited species are confined in such a manner that the general public is able to view them during regularly scheduled business hours, with or without a fee.

(11) Research – means any activity that uses nonnative organisms to conduct one or more of the following:

(a) Research activity that involves the application of rigorous, systematic, and objective procedures of observation, measurement, and experiment to obtain reliable and pertinent data using an experimental design, controls, and data analysis to test a stated hypothesis.

(b) Monitoring activity that involves making technical and scientific observations as a means of gathering data according to a predetermined study plan.

(c) Restoration or management activity that facilitates the control or removal of nonnative fish or wildlife species and includes subsequent monitoring to measure the success of the effort.

This rule is held for future definitions.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-7-07, Amended 7-1-10, 8-23-10, 3-14-17, 12-27-18, _______.

 

68-5.006 Prohibited Non-native Species.

Live specimens of the following species, including their taxonomic successors, subspecies, or hybrids or eggs thereof may be possessed only pursuant to permit issued by the Executive Director except as provided in section 68-5.007, F.A.C.

(1) No change.

(2) Non-native mammals: – African giant pouched rats (Genus Cricetomys, all species).

(a) African giant pouched rats (Genus Cricetomys, all species).

(b) Brushtail possum (Trichosurus vulpecula).

(c) Dhole (Genus Cuon, all species).

(d) Flying foxes (Genus Pteropus, all species).

(e)Mongoose, meerkats (Genera Atilax, Cynictis, Helogale, Herpestes, Ichneumia, Mungos, and Suricata, all species).

(f) Raccoon dog (Nyctereutes procyonoides).

(3) No change.

(4) Non-native reptiles:

(a) Yellow anaconda (Eunectes notaeus).

(b) Beni anaconda (Eunectes beniensis).

(c) DeSchauensee’s anaconda (Eunectes deschauenseei).

(d) Brown tree snake (Boiga irregularis).

(5) Non-native birds:

(a) Dioch (Quelea quelea).

(b) Java sparrow (Lonchura oryzivora).

(c) Pink starling (Pastor roseus).

(d) Red-whiskered bul-bul (Pycnonotus jocosus).

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History – New 12-27-2018, Amended _______.

 

68-5.007 Possession of Prohibited Non-native Species.

No person shall import into the state, sell, possess, or transport any live specimens of the species, or hybrids or eggs thereof, listed in Rule 68-5.006, F.A.C., except by Conditional/Prohibited/Nonnative Species permit and as provided in paragraphs (a) and (b) below:

(1) through (3) no change.

(4) Personal possession of Prohibited species:

(a) Reptiles: Prohibited reptile species shall only permitted to be possessed for personal use in accordance with Section 379.372, F.S.

(b) Other Prohibited species: if the Commission designates a species as a Prohibited species after [EFFECTIVE DATE OF RULE], the Commission may authorize the personal possession of that newly designated species by those licensed or otherwise authorized to possess that species before the effective date of the species’ designation by the Commission as a Prohibited species.

1. Permits may only be granted to persons in lawful possession of such species prior to the species’ listing as Prohibited for the remainder of the life of the animal. No additional individuals may be acquired. If the animal remains alive following the death or dissolution of the licensee, the animal may be legally transferred to another entity holding a permit authorizing possession of the animal for the remainder of the life of the animal.

2. Identification: Prohibited species possessed for personal use shall be permanently identified with a unique passive integrated transponder (PIT tag). Identification shall consist of the implantation of a unique PIT tag under the specimen’s skin in a manner to maintain the PIT tag permanently in place.

(c) Permit qualifications:

1. Applicants for permits to possess Prohibited species for personal use in accordance with this section shall submit a completed Conditional/Prohibited/Nonnative Species Permit application form WIM 01 (02/19) available at  https://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx which is adopted and incorporated herein by reference. Forms may also be obtained by submitting a request to: Florida Fish and Wildlife Conservation Commission, Division of Habitat and Species Conservation, 620 South Meridian Street, Tallahassee, Florida 32399-1600.

2. Disaster and Critical Incident Plans: Applicants for permits to possess Prohibited species as authorized pursuant to the provisions of this chapter shall document in writing a course of action to be taken in preparation for disasters or critical incidents. Such course of action shall be documented on the Captive Wildlife Critical Incident/Disaster Plan form FWCDLE_619 (06/09) available at https://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx which is adopted and incorporated herein by reference. Forms may also be obtained by submitting a request to: Florida Fish and Wildlife Conservation Commission, Division of Habitat and Species Conservation, 620 South Meridian Street, Tallahassee, Florida 32399-1600. This form shall consist of two parts. Part A of form FWCDLE_619 shall be submitted at the time of initial application or renewal; and Part B shall be retained in the permittee’s files at the facility location and be made available for inspection upon request of Commission personnel and the director of the local emergency management agency for the county where the facility is located.

3. Records of identification including PIT tag number where applicable, along with information about the specimen being identified (species, specimen name or number, gender, and age) must be provided to the Commission upon permit application .

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History – New 12-27-2018, Amended ___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kipp Frohlich, Director, Division of Habitat and Species

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 13, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 4, 2018