The purpose of the proposed rule amendment is to provide an alternative requirement for banding pen-raised quail that are released on private lands for training bird dogs. Provided the quail are banded or a proof of purchase (dated within the past ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife

RULE NO.: RULE TITLE:
68A-12.008: Use of Pen-raised Quail for Training Bird Dogs
PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to provide an alternative requirement for banding pen-raised quail that are released on private lands for training bird dogs. Provided the quail are banded or a proof of purchase (dated within the past 90 days) is in the possession of the individual using them, quail may be taken by shotgun for the purpose of dog training. The banding requirement will still apply if the user will attempt to recapture the quail with a trap. The effect would be to reduce handling mortality of pen-raised quail and provide more flexibility in requirements for bird dog trainers on private land.
SUMMARY: The proposed rule amendment would provide an alternative to the requirement for banding pen-raised quail that are released on private lands. Provided pen-raised quail are banded or proof of purchase (dated within the past 90 days) is in the possession of the individual using them, quail may be taken by shotgun for the purpose of dog training. The banding requirement will still apply if the user will attempt to recapture the quail with a trap.
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 regular meeting of the Commission, February 8-9, 2012, 8:30 a.m. – 5:00 p.m., each day.
PLACE: Florida Public Safety Institute, 215 Academy Drive, Havana, FL 32333
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: Diane R. Eggeman, 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-12.008 Use of Pen-raised Quail for Training Bird Dogs.

(1) Pen-raised quail may be released and taken by shotgun on private lands for the purpose of dog training provided that such quail are banded before release or a proof of purchase, including the name and address of the vendor and date of purchase within the past 90 days, is in the possession of the individual using them.

(2)(a) Released pPen-raised quail may be trapped provided that the quail are identified before release with a band showing the name of a game farm, private hunting preserve or individual using them and each trap so used shall be tagged with the name and address of the user.

(b) All quail used for this purpose shall be identified with bands showing the name of a game farm, private hunting preserve, or the individual using them.

(b)(c) Any un-banded wild quail that may be trapped in this process shall be immediately released.

PROPOSED EFFECTIVE DATE: July 1, 2012.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-21-82, Formerly 39-12.08, 39-12.008, Amended 7-1-12.

 

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.W.

NAME OF PERSON ORIGINATING PROPOSED RULE: Diane R. Eggeman, 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: November 17, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 22, 2011