Non-listed Inactive Migratory Bird Nests

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-16.003Non-listed Inactive Migratory Bird Nests

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 42 No. 8, January 13, 2016 issue of the Florida Administrative Register.

68A-16.003 Non-Listed Inactive Migratory Bird Nests

For birds identified by the United States Departments of Interior or Commerce in 50 C.F.R. §10.13, List of Migratory Birds (effective 09/2016, which is hereby incorporated by reference at https://www.flrules.org/gateway/reference.asp?NO= Ref-) and not listed in Chapter 68A-27 or Rule 68A-16.002, F.A.C.,

(1) the possession, sale, purchase, barter, transport, import, export, or collection of an inactive or active nest (meaning a nest containing eggs or flightless young) or parts thereof are prohibited by the Commission without appropriate Federal authorization.

(2) notwithstanding the prohibitions in (a), on-site destruction of an inactive nest (meaning a nest that does not contain eggs or flightless young) or parts thereof is permitted by the Commission but may require Federal authorization.

For birds not listed in Chapter 68A-27, F.A.C., no permit is required to take (remove, relocate, or destroy) nests or any parts thereof which are inactive and do not contain eggs or flightless young, except as specified in FWC approved management plans or guidelines for such species. The nest must be removed, relocated, or destroyed when no birds are physically present. The nest materials may not be possessed but may be donated to an entity in possession of state and/or federal permits or other authorizations, or relocated to an alternate nesting platform or destroyed by burial, trash disposal or incineration, in accordance with state, county or local rules and ordinances.  Any take (removal, relocation or destruction) should be reported to the FWC Inactive Bird Nest Take registry within 2 business days. The registry and additional information are available at MyFWC.com.