The purpose of the proposed rule amendment is to provide definitions in the captive wildlife rules to improve clarity and consistency. The effect of the proposed rule amendment would be to define certain terms used in this rule chapter

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-6.001Captive Wildlife Definitions

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to provide definitions in the captive wildlife rules to improve clarity and consistency. The effect of the proposed rule amendment would be to define certain terms used in this rule chapter

SUMMARY: The proposed rule amendment is to include definitions of certain terms used in the captive wildlife rules to improve clarity and consistency.

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; Sections 379.303, 379.304, 379.305, 379.372, 379.373, 379.374, 379.3761, 379.3762, FS.

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

DATE AND TIME: During the Commission’s regular meeting November 16-17, 2016, 8:30 a.m. – 5:00 p.m., each day.

PLACE: USF Student Center, 200 6th Avenue South, St. Petersburg, FL 33701

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: Major Rob Beaton 620 South Meridian Street Tallahassee, FL 32399

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68A-6.001 Captive Wildlife Definitions

The following definitions are for the purpose of carrying out the provisions of the rules of the Fish and Wildlife Conservation Commission relating to the possession of wildlife in captivity, in accordance with Chapter 68A-6, F.A.C. As used herein, the singular includes the plural. The following shall be construed respectively to mean:

(1) Conviction/convicted – any judicial disposition other than acquittal or dismissal.

(2) Employee – any person working under a permit or license holder or at a licensed or permitted facility, whether paid or unpaid.

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

(4) Free-handling – the act of physical contact with venomous reptiles without the use of hooks, tongs, tools, specialized gloves, or other standard handling equipment.

(5) Handling – the act of physical contact with venomous reptiles with the use of hooks, tongs, tools, specialized gloves, or other standard handling equipment.

(6) Lock/locked – a device operated by a key, combination, key card or other locking mechanism approved by the Commission to prevent unauthorized intrusion and make the primary enclosure, secondary containment or building(s) inaccessible to unauthorized personnel.

(7) Native – a species, subspecies or isolated populations of species or subspecies that occur naturally in Florida or that has been reintroduced into its historic range, rather than occurring in Florida as a result of accidental or deliberate introduction by humans.

(8) Primary enclosure – any structure or device used to directly confine wildlife to a limited amount of space including, but not limited to, cages, pits, paddocks, moated areas and other enclosures.

(9) Sale/sell – the transfer of property or other things to a buyer for an agreed price. The term shall include all lesser acts related thereto, such as attempting to sell, offering to sell, to barter, exchange, trade, or auction.

(10) Secondary containment – a secondary means of containing wildlife which surrounds or encompasses the primary cage or enclosure and is designed to contain wildlife that has escaped the primary cage or enclosure including, but not limited to, rooms, outbuildings or perimeter fences.

(11) Supervision – Regulating and monitoring a process, activity or task.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.303, 379.304, 379.305, 379.372, 379.373, 379.374, 379.3761, 379.3762, FS. History–New 12-31-16.

 

PROPOSED EFFECTIVE DATE: December 31, 2016

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: Colonel Curtis Brown, Director, Division of Law Enforcement, 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: September 9, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 10, 2016