The proposed rule would expand limited exception allowances for licensed game farm 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-12.011Regulations Governing the Establishment and Operation of Game Farms

PURPOSE AND EFFECT: The proposed rule would expand limited exception allowances for licensed game farm 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 game farm 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 game farm 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-12.011Regulations Governing the Establishment and Operation of Game Farms

(1) No Any person may establish, maintain, or operate a game farm within this state for the protection, propagation, raising or production of native or non-native game birds defined per subsection 68A-1.004(37), F.A.C., and game mammals of the following families: Cervidae (such as deer and elk), Suidae (hog), Bovidae (such as buffalo and antelope) for private or commercial purposes unless licensed pursuant to sections 379.302 and 379.3711, F.S., and in accordance with this chapter. Any person who is in possession of any Cervidae, for any purpose, shall comply with 68A-4.0051, F.A.C. Before a game farm is established the owner or operator shall be licensed and comply with the provisions of this rule.

(2) Definitions: For the purposes of this section, the following shall be defined as:

(a) through (e) No change.

(f) Predator barrier – supplemental materials added to the bottom and/or exterior of approved fencing to prevent entry of predators. Barrier may include but is not limited to buried fence wire, electrified fence wire, gravel, rocks, concrete, or other natural/manmade materials.

(g) Refusal – when a licensee, applicant or employee intentionally denies access by Commission personnel to the facility, inventory or facility’s records for the purposes of inspection, or directs another to deny such access.

(3) General qualifications: licensees or applicants for a game farm 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 Bovidae family.

(b) through (c) No change.

(d) 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.

(e) Experience requirements shall not apply to applicants for permits to possess Class II Bovidae in accordance with sections 379.3711 and 379.3712, F.S.

(f) Facilities with species in the family Cervidae shall Oobtain 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 game farm license with authorization for species in the family Cervidae issued by the Commission.

(4) License application requirements:

An applicant shall make a written application to the Commission. An applicant for a game farm license shall provide the following information:

(a) through (d) No change.

(e) The County where the game farm is located and the size (in acres) of the area to be fenced) and utilized for of the game farm.

(f) The current estimated or planned inventory of game possessed, identified by species and quantity.

(g) The applicant’s printed legal name, signature, and contact information to include home phone number and business phone number.

(h) A copy of the applicant’s valid government-issued photo ID.

(i)(h) The applicant’s biographical information to include date of birth, driver’s license number/ID number , height, hair color, sex and race.

(j)(i) Email address, if any.

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

(5) Any corporation authorized to do business in Florida may apply for a game farm 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 fully responsible for any violation(s) committed by their employees or occurring at their facility.

(6) Caging for game birds and mammals shall meet the specifications below and shall be constructed and maintained in such a manner as to prevent escape of captive game. Requests for deviations from standard caging or enclosure requirements may be granted to allow for different size configuration (length, width and height) if the required square footage is adequate and if the locomotory needs of the animal(s) are not compromised. Any proposed deviations from the standard caging or enclosure requirements or proposals to use open air habitats except as provided herein, shall be approved in writing by the Commission prior to the use of the cage or enclosure for housing animals.

(7) Facility requirements:

(a) through (b) No change.

(c) All game farms enclosures shall be fenced in such a manner that game thereon cannot escape and wild game on surrounding lands cannot enter. Perimeter fencing shall meet the following criteria:

1. Fencing for game mammals:

a. 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 except for fencing for Class I Bovidae. For Class I Bovidae, construction materials shall meet the requirements of paragraph 68A-6.011(3) 68A-6.003(3)(c), F.A.C.

b. Fence shall be no less than 8 eight 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 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. 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.

c. 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 shall be securely anchored and braced at corners and elsewhere as necessary to keep fence properly stretched and erect.

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

e. Predator barrier shall not disrupt the integrity of the approved fence material. Mounding type pPredator barriers shall not extend outward from the base of the perimeter fence more than 28 inches and not be higher than 20 inches from the ground. Predator barriers shall not provide increased accessibility for non-predator species into fenced enclosure. 

2. Game farms 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 conditions below. Game farms with licenses which are current on November 22, 2018 effective date of this rule, 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.

a. Existing fence Facilities with game farm licenses current on the effective date of this rule 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 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, has mesh openings no greater than 7 inches, free of broken wires and prevents escape. The posts shall be securely anchored and braced at corners and elsewhere as necessary to keep the fence properly stretched and erect. 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. 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.

c. 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 prevents escape. The posts shall be securely anchored and braced at corners and elsewhere as necessary to keep the fence properly stretched and erect.

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

e. Facilities with game farm licenses 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:

(I) 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, free of broken wires, and the fence remains free of gaps and prevents escape. Such wire or strength-equivalent 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 differently elsewhere and prevents escape. The

(II) Pposts are shall be securely anchored and braced at corners and elsewhere as necessary to keep the fence properly stretched and erect so as to prevent any gaps greater than 8 inches between the panels. 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.

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

(d)3. Minimum caging requirements for game mammals:

1.a. Caging shall be designed and built to prevent injury and escape.

2.b. Nest boxes and dens shall be built to allow for accurate inventory.

3.c. Cervidae (deer family) and cursorial Bovidae (antelope):

a.(I) Large (e.g., elk, sambar, red deer, sable antelope, eland, wildebeest, and deer and antelope of similar size): For one or two animals, a paddock enclosing 1,250 square feet, 8 feet high. For each additional animal, increase paddock by 25% of the original footage, not to exceed 25 animals per acre.

b.(II) Medium (e.g., white-tailed, fallow, axis, sika, pronghorn, deer and antelope of similar size): For one or two animals, a paddock enclosing 800 square feet, 8 feet high. For each additional animal, increase paddock by 25 percent of the original footage, not to exceed 50 animals per acre.

c.(III) Small (e.g., roe, dik-dik, muntjac, brocket, pudu, Chinese water deer, musk deer, deer and antelope of similar size): For one or two animals, a paddock enclosing 450 square feet, 5 feet high. For each additional animal, increase paddock by 25% of the original footage, not to exceed 75 animals per acre, except in accordance with paragraph (9)(c) below.

4.d. Wild swine (Suidae) and peccaries: For one or two animals, a paddock enclosing 200 square feet, 4 feet high. For each additional animal, increase paddock by 25% of the original footage.

5.e. Wild goats/sheep (Caprinae): For one or two animals, a paddock enclosing 500 square feet, 8 feet high. For each additional animal, increase paddock by 25% of the original footage.

(e)4. Enclosures Fencing for game birds shall:

1.a. Shall Bbe constructed of materials sufficient to prevent escape or injury of birds.

2.b. Shall Pprovide protection from predators.

3.5. Caging for game birds: shall Pprovide adequate space to allow the birds to have normal postural movements, stand erect and turn around without touching the sides of the enclosure or other wildlife.

(f)(d) Game farms are subject at any time to inspection by Commission personnel, for compliance with Commission rules and other applicable laws.  No game farm license shall be issued for the possession of game until the premises of such game farm has been inspected and approved by Commission personnel.

(g)(e) It is unlawful to buy, sell or transfer any live game to or from any unlicensed entity within Florida. Game raised or produced on game farms may be purchased, sold, shipped, and transported for propagation, restocking or food purposes. Recipients of any live game received from a game farm shall be licensed pursuant to this rule, section 379.3761 or 379.3712, F.S., unless exempt from the licensing provision.

(f) The licensing provisions of this rule shall not apply to:

1. The possession, protection, propagation, raising or production of bison for commercial farming purposes.

2. The protection, propagation, raising or production of 100 or fewer live bobwhite quail or non-native game birds (except non-native ducks and geese) for personal use, consumption, educational, dog training or other not-for-sale or exhibition purpose.

3. Persons purchasing or receiving eggs for personal use, consumption, educational or other not-for-sale or exhibition purposes.

(g) A continuous source or supply of clean water shall be readily available at all times for all game.

(8) Game birds or mammals may be temporarily housed in cages or enclosures smaller than the sizes set forth in subsection (7) above, only under the following circumstances:

(a) through (b) No change.

(c) Juvenile individuals of the families Caprinae, Suidae, Cervidae and Bovidae may be kept in enclosures that do not meet the size specifications in subparagraph (7)(c)3. until the animal reaches six months of age for up to six months. Duration may be extended with a veterinarian's statement, showing that such size cage is required for the continued health and welfare of the animals until a specified date. Such caging may be utilized provided that:

1. Written documentation is available to verify the age of the animal.

2. The animal is marked or otherwise identifiable.

3. The animal shall be provided space for exercise on a daily basis.

4. The enclosure shall allow normal postural movement.

(d) through (e) No change.

(f) Animals held at exotic animal auctions, flea markets, and animal swap meets may be kept in enclosures that do not meet the size requirements of subparagraph (7)(c)3., provided that such wildlife is maintained in accordance with subparagraphs (8)(f)1.-7. below. The owner shall be responsible for the welfare of the animals, unless the wildlife is consigned to an auctioneer or other sales representative, at which time the consignee shall be responsible.

1. Wildlife shall be transported and held in non-injurious enclosures, under conditions that provide fresh air without injurious drafts, and shall be provided protection from the elements.

2. Wildlife shall be protected from temperature extremes that could be detrimental to the health and welfare of the animals.

3. A continuous source or supply of clean water shall be readily available at all times for all game.

4. Fecal and food waste shall be removed from the wildlife's enclosures daily.

5. Wildlife held in the same enclosures shall be kept in compatible groups.

6. Wildlife cages/enclosures shall not be stacked over other cages/enclosures unless excreta are prevented from entering lower cages/enclosures.

7. Sick or injured wildlife shall be afforded prompt and appropriate treatment.

(9) through (11) No change.

(12) All game possessed or sold for food or consumptive purposes shall be killed on the premises of the game farm or transported to a properly licensed processing facility for immediate processing. In instances where live game is transported to a licensed processing facility for immediate processing, a copy of the current and valid game farm license of the farm where such game was produced shall accompany the live game in transport. In instances where live game is sold or transferred, the transporter of such game shall be licensed or otherwise authorized by the Commission to possess such game. Harvested game possessed, sold or transferred for food or consumptive purposes shall comply with the following provisions:

(a) through (f) No change.

(13) through (16) No change.

(17) It is unlawful to buy, sell or transfer any live game to or from any unlicensed entity within Florida. Game raised or produced on game farms may be purchased, sold, shipped, and transported for propagation, restocking or food purposes. Recipients of any live game received from a game farm shall be licensed pursuant to this rule, section 379.3761 or 379.3712, F.S., unless exempt from the licensing provisions.

(18) The licensing provisions of this rule shall not apply to:

(a) The possession, protection, propagation, raising or production of bison for commercial farming purposes.

(b) The protection, propagation, raising or production of 100 or fewer live bobwhite quail or non-native game birds (except non-native ducks and geese) for personal use, consumption, educational, dog training or other not-for-sale or exhibition purpose.

(c) Persons purchasing or receiving eggs for personal use, consumption, educational or other not-for-sale or exhibition purposes.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.302, 379.3711 FS. History–New 8-27-09, Amended 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