The proposed rule would expand limited exception allowances for licensed hunt preserve facilities to allow more facilities to continue utilizing their current fencing design which provides adequate containment of game species ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-12.010Regulations Governing the Operation of Private Hunting Preserves

PURPOSE AND EFFECT: The proposed rule would expand limited exception allowances for licensed hunt preserve facilities to allow more facilities to continue utilizing their current fencing design which provides adequate containment of game species but were inadvertently excluded in previously approved rule language. The effect will be the inclusion of more facilities under the limited exception allowance. In addition, the rule amendments will modify and align rule number references within the hunt preserve rules to reflect the recent reorganization of chapter 68A-6, F.A.C. The proposed changes will align the rules for improved consistency with other provisions in chapter 68A-6, F.A.C.

SUMMARY: The proposed rule will expand the limited exception allowances for licensed hunt preserve facilities to continue utilizing current fencing designs and will update rule language to improve consistency with other provisions in chapter 68A-6, F.A.C.

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

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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-12.010 Regulations Governing the Operation of Private Hunting Preserves

(1) No entity shall establish, maintain, or operate a commercial or private hunting preserve to allow the release, sale and/or taking of captive-raised native and non-native game animals, as specified herein, unless licensed pursuant to section 379.3712, F.S. The executive director shall issue a license as provided by section 379.3712, F.S., for the establishment and operation of a commercial or private hunting preserve to allow the release and taking of captive-raised native and non-native game animals, as specified herein. No commercial or private hunting preserve license shall be issued until the premises of such preserve has been inspected by a representative of the Commission and the requirements of this rule have been met. Licensees must ensure all captive wildlife contained on the licensed property is lawfully removed or transferred prior to dissolution of the preserve. Any person selling game animals from a hunt preserve shall comply with rule 68A-12.011, F.A.C. In addition, any person selling or conducting intrastate transfer of deer, elk, or other members of the family Cervidae shall comply with rule 68A-4.0051, F.A.C., regarding transportation and record keeping requirements.

(2) No change.

(3) General qualifications: Licensees or applicants for a commercial or private preserve license shall:

(a) Be at least 18 years of age, if applying for authorization to possess game mammals classified as Class I or Class II wildlife per rule 68A-6.002, F.A.C of the family Bovidae.

(b )through (d) No change .

(e) Meet the experience requirements for Class I Bovidae authorization, as outlined in rule 68A-6.004 68A-6.0022, F.A.C., if seeking authorization to possess such Class I wildlife. However, experience requirements shall not apply to applicants for permits to possess Class II Bovidae if licensed under sections 379.3711 and 379.3712, F.S. Experience gained with Class II Bovidae, while exempt from experience requirements pursuant to this paragraph, shall not satisfy meet the requirements of rule 68A-6.004 68A-6.0022, F.A.C. unless the applicant has possessed and/or managed worked with the wildlife for a minimum of 5 consecutive years.

(f) Obtain a Herd Health Plan from the Department of Agriculture and Consumer Services if the facility possesses species in the family Cervidae. Such Herd Health Plan shall be obtained within 180 days of initial licensing by the Commission. Failure to obtain and maintain a current and valid Herd Health Plan shall result in denial or revocation of any hunt preserve license with authorizations for species in the family Cervidae issued by the Commission.

(4) License application requirements: An applicant shall make written application to the Commission. The applicant for a preserve license shall provide the following information:

(a) through (c) No change

(d) Whether the facility is owned or leased by the applicant. A copy of the valid and current lease agreement shall be submitted with the application in the event that the facility location is under lease to the applicant. If leased, the lease agreement shall be for a term sufficient to cover the term of the license. Applicants under 18 years of age must have a parent or legal guardian as a co-licensee who shall provide such lease if applicable.

(e) through (h) No change

(i) The applicant’s biographical information to include date of birth, driver’s license number/ID number.

(j) E-mail address, if any.

(k)(j) Indication of whether the preserve is operated for private or commercial purposes.

(l)(k) Indication of whether the application is for a commercial hunting preserve license or private hunting preserve license.

(m)(l) Emergency contact information including name and phone number for an individual who is not the licensee or applicant.

(n)(m) Renewal applications shall include the number and species of any animals introduced and removed during the previous licensing period.

(5) Any corporation authorized to do business in Florida may apply for preserve license.

(a) For corporations authorized to possess Class I Bovidae, such corporation shall have qualified personnel responsible for the care of such wildlife. The corporation shall provide documentation of experience for at least one person in accordance with rule 68A-6.004 68A-6.0022, F.A.C. Such documentation of experience shall be submitted to the Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, and shall be subject to approval upon initial application and upon each instance of change in qualified personnel.

(b) Such corporation shall be responsible for any violation(s) committed by their employees or occurring at their facility.

(6) No change.

(7) All laws, rules, or regulations pertaining to hunting or pertaining to game shall apply on all preserves except as follows:

(a) through (f) No change .

(g) Game may be trapped on the premises of a preserve for the purposes of veterinary care or sale, provided that any native game unintentionally incidentially trapped in such operation shall be immediately released.

(8) Facility requirements:

(a) Cervidae (deer family) shall be free-roaming on not less than 200 acres, with a minimum of 100 acres covered with woody vegetation. For each additional acre over the initial 200 acres, 10% of the additional acreage shall be covered with woody vegetation. Up to 20% of acreage can include land that formerly had woody vegetation, which will be naturally or artificially regenerated within two years of harvest. The hunting of Cervidae with dogs is prohibited; however, a leashed dog shall be allowed for trailing. The preserve shall be completely enclosed with a perimeter fence which meets the following criteria:

1. Fence construction materials, including connecting materials, shall consist of not less than 12.5-gauge high-tensile class III galvanized steel wire with fixed knots or strength-equivalent material, and shall be attached to posts at no less than 5 equidistant locations with clips, staples, ties or other means used to connect fencing to posts that are a minimum of 14.5 gauge or strength equivalent material.

2.a. Fence shall be no less than 8 feet in height unless specified elsewhere. Fences may be installed up to 3 inches above the ground, provided that a strand of high-tensile barbed wire not less than 15.5 gauge is strung across the bottom. In addition, 1 strand of high-tensile barbed wire not less than 15.5 gauge may be strung no greater than 6 inches above the fence panel in order to achieve the 8-foot height requirements. Licensees shall maintain minimum fence height by leveling built up earthen material which has migrated to the base of the fence due to natural causes.

3.b. To maintain the minimum height, Ffence(s) shall be constructed of single panels of fencing material. Such fencing material shall be attached to singular construction posts no greater than 25 feet apart in a manner that ensures the fence maintains an above ground 8-foot vertical height, unless specified elsewhere, so as to and prevents escape. The posts will be securely anchored and braced in corners and elsewhere as necessary to keep fence properly stretched and erect.

c. Predator barrier shall not disrupt the integrity of the approved fence material nor provide increased accessibility for non-predator species into fenced enclosure.  Predator barrier shall not exceed 20 inches upward from lowest wire on the 8-foot game fence nor can it extend outward from the perimeter fence more than 28 inches.

4.2. Fencing material shall have no greater than 7 inches between manufactured knots and be free of broken wires or gaps.

(b) Bovidae (such as buffalo and antelope) shall be free-roaming on not less than 300 acres, with a minimum of 200 acres covered with herbaceous vegetation, except blackbuck which shall be free roaming on not less than 200 acres, with a minimum of 100 acres covered with herbaceous vegetation. For each additional acre over the initial 300/200 acres, 10% of the additional acreage shall be covered with herbaceous vegetation. The hunting of Bovidae with dogs is prohibited; however, a leashed dog shall be allowed for trailing. The preserve shall be completely enclosed with a perimeter fence which meets the requirements of subparagraphs 68A-12.010(8)(a)1.-4., F.A.C. 68A-12.010(8)(a)1.a.-b, 2., above. Fencing for Class I Bovidae shall meet the requirements of paragraph 68A-6.011(3) 68A-6.003(3)(c), F.A.C.

(c) Suidae (hog) shall be free-roaming on not less than 100 acres, with a minimum of 50 acres covered with woody vegetation. For hunting hogs with dogs the area shall be a minimum of 300 acres, with 200 acres covered with woody vegetation. For each additional acre over the initial 100 acres, 10% of the additional acreage shall be covered with woody vegetation. Up to 20% of acreage can include land that formerly had woody vegetation, which will be naturally or artificially regenerated within two years of harvest. The preserve shall be completely enclosed with a perimeter fence that meets the following criteria:

1. Fence construction materials, including connecting materials, shall consist of not less than 12.5-gauge high-tensile class III galvanized steel wire with fixed knots or strength-equivalent material, and shall be attached to posts at no less than 3 equidistant locations with clips, staples, ties or other means used to connect fencing to posts that are a minimum of 14.5 gauge or strength equivalent material.

2.a. Fence shall be no less than 4 feet in height.

3.b. Fence(s) shall be constructed of single panels of fencing material. Such fencing material shall be attached to singular construction posts in a manner that ensures the fence maintains a 4-foot vertical height and prevents escape. The posts will be securely anchored and braced in corners and elsewhere to keep fence properly stretched and erect.

c. Predator barrier shall not disrupt the integrity of the approved fence material nor provide increased accessibility for non-predator species into fenced enclosure.  Predator barrier shall not exceed 20 inches upward from lowest wire on the 8-foot game fence nor can it extend outward from the perimeter fence more than 28 inches.

4.2. Fencing material shall have no greater than 7 inches between manufactured knots and be free of broken wires or gaps.

(d) Hunt pPreserves with licenses which are current on November 22, 2018 the effective date of this rule will have two years from November 22, 2018 to come into compliance with the above fencing requirement unless they meet the limited exception grandfathering conditions below. Hunt preserves with licenses which are current on November 22, 2018 that meet the specifications below do not need to update their fencing except for new construction or with replacement of over 250 feet of existing fencing.

1. Existing fence Facilities with hunt preserve licenses on effective date which have fencing that is a minimum of 14.5 12.5-gauge steel wire or strength-equivalent material shall not be required to replace existing fence materials provided that such fencing material is attached to posts in a manner that ensures the fence maintains an above ground 8-foot vertical height unless specified differently elsewhere, has mesh openings no greater than 7 inches, free of broken wires and prevents escape. One strand of high-tensile barbed wire not less than 15.5 gauge may be strung no greater than 6 inches above the fence panel in order to achieve the 8-foot height requirement. Posts shall be of a singular construction, securely anchored, no greater than 25 feet apart and braced at corners and elsewhere to keep fence properly stretched and erect. Any new construction or panel replacement greater than 250 feet shall meet the current regulations. 

2. Fence shall be no less than 8 feet in height. One strand of barbed wire not less than 15.5 gauge may be strung no greater than 6 inches above the fence panel in order to achieve the 8-foot height requirement.

3. Fencing material is attached to singular construction posts no greater than 25 feet apart in a manner that ensures the fence maintains an above ground 8-foot vertical height, unless specified differently elsewhere, so as to prevent escape. The posts shall be securely anchored and braced at corners and elsewhere as necessary to keep fence properly stretched and erect.

4. Fencing material shall have no greater than 8 inches between manufactured knots and be free of broken wires or gaps.

5.2. Facilities with hunt preserve licenses which are current on November 22, 2018 the effective date of this rule which have fencing that is not constructed of single panels of steel wire mesh shall not be required to replace existing panels with single panels, provided that the existing fencing meets the following specifications:

a. Ppanels are a minimum of 14.5 12.5 gauge wire or strength-equivalent material. and are connected with strength-equivalent material or greater at intervals no greater than 18 inches apart, has mesh openings no greater than 7 inches apart, and the fence remains free of gaps, free of broken wires and prevents escape. Such wire or strength-equivalent fencing material shall be attached to posts in a manner that ensures the fence maintains an above ground 8-foot vertical height unless specified differently elsewhere and prevents escape. One strand of high-tensile barbed wire not less than 15.5 gauge may be strung no greater than 6 inches above the fence panel in order to achieve the 8-foot height requirement.

b. Posts are shall be of singular construction, securely anchored, no greater than 25 feet apart and braced at corners and elsewhere as necessary to keep fence properly stretched and erect so as to prevent any gaps greater than 8 inches between the panels. Any new construction or panel replacement greater than 250 feet shall meet the current regulations.

c. Panels are connected with strength-equivalent material or greater at intervals that prevent gaps that could allow captive game mammals to escape.

(e) The minimum acreage provisions of subparagraphs (8)(a)-(c) and the yardage requirement in subparagraph (7)(d), shall not apply to those operations licensed prior to July 1, 1996.

(f) Predator barriers, if utilized, shall not disrupt the integrity of the approved fence material. Mounding type predator barriers shall not extend outward from the base of the perimeter fence more than 28 inches and not higher than 20 inches from the ground. Predator barriers shall not provide increased accessibility for non-predator species into fenced enclosure.

(9) through (14) No change.

(15) Preserves shall be equipped and operated in such manner as to provide sufficient food and humane treatment for the game kept thereupon. A continuous source or supply of clean water shall be readily available at all times for all game. The premises, pens, and facilities of all preserves shall be maintained in a sanitary condition. Injured or wounded mammals shall be immediately euthanized, transported to a veterinarian for treatment, or treated by the licensee licencee.

(16) through (19) No change.

(20) Each preserve shall create and maintain an annual report of all game released, sold or and taken on the preserve for each license year. The report shall be in chronological order and shall be made available for inspection by Commission personnel upon request. Records must be provided at the request of the Commission.

(21) No change.

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, 7-1-83, Formerly 39-12.10, Amended 8-5-86, 4-11-90, 4-15-92, 10-20-96, 6-23-99, Formerly 39-12.010, Amended 5-29-01, 11-3-02, 7-1-05, 11-22-18,     .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Colonel Curtis Brown

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 7, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 9, 2020