The purpose of these proposed rule amendments is to address the possession and housing of captive wildlife, venomous reptiles and reptiles of concern. The proposed rule amendments should have the effect of clarifying the rules and eliminating ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife

RULE NO: RULE TITLE
68A-6.003: Facility and Structural Caging Requirement for Class I, II and III Wildlife
68A-6.007: Possession, Transportation, Exhibition and Caging Venomous Reptiles and Reptiles of Concern; Prohibited Reptile Species
68A-6.0071: Record Keeping and Reporting Requirements
68A-6.0072: Identification of Non-Native Venomous Reptiles and Reptiles of Concern; Escape
PURPOSE AND EFFECT: The purpose of these proposed rule amendments is to address the possession and housing of captive wildlife, venomous reptiles and reptiles of concern. The proposed rule amendments should have the effect of clarifying the rules and eliminating inconsistencies between rules and statutes resulting from the passage of Chapter 2007-239, Laws of Florida, during the 2007 legislative session. The proposed rule amendments will also add reporting requirements in the instance of the escape of Class I wildlife. Rules 68A-6.003, 68A-6.007, 68A-6.0071 and 68A-6.0072, adopted on April 6, 2007, are effective January 1, 2008. These proposed rule amendments are designed to amend the rules as soon as possible after that date.
SUMMARY: Rule 68A-6.003, F.A.C., is amended to require that escapes of Class I wildlife be reported to the FWC and that a list of contiguous land owners and neighbors be maintained by a person possessing Class I wildlife for the use of appropriate local authorities should such an escape occur. Rule 68A-6.007, F.A.C., is amended to delete prohibitions relating to sea snakes and to make technical changes necessary to eliminate inconsistencies with recent statutory changes. Rule 68A-6.0071, F.A.C., is amended to eliminate inconsistencies with recent statutory changes. Rule 68A-6.0072, F.A.C., is amended to eliminate inconsistencies with recent statutory changes and to clarify provisions relating to implantation of PIT tags in venomous reptiles.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: Article IV, Section 9, Florida Constitution, 372.86, 372.87, 372.92, 372.921, 372.922 FS.
LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution, 372.86, 372.87, 372.92, 372.921, 372.922 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the Commission’s regular meeting, December 5-6, 2007, 8:30 a.m. – 5:00 p.m., each day
PLACE: Marriott Key Largo, 103800 Overseas Highway, Key Largo, FL 33037, [phone]
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: Captain Linda Harrison, Division of Law Enforcement, Investigations Section, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68A-6.003 Facility and Structural Caging Requirement for Class I, II and III Wildlife.

(1) No change.

(2) In order to assure public safety, the facilities for the housing of Class I and Class II wildlife shall meet the requirements of this rule. Compliance with these requirements is a necessary condition for licensure. For the purposes of this rule, a “facility” means the site at which Class I or Class II wildlife are kept or exhibited. Applicants shall submit documentation verifying that the construction of the facility, its cages and enclosures are not prohibited by county ordinance and, if within a municipality, municipal ordinance.

(a) Notification of escapes:

Any person authorized to possess any Class I wildlife as listed pursuant to Rule 68A-6.002, F.A.C., must report any escapes from the primary caging or enlosures or the approved facility location; or other enclosure, cage, leash or other constraint when wildlife is away from such approved facility location, to the Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement. Such reporting shall occur immediately upon discovery of the escape. Any person authorized to possess Class I wildlife shall maintain a list of the current contiguous land owners or neighbors in Part B of the Captive Wildlife Critical Incident/Disaster Plan form FWCDLE_619 (02-06), as required in subsection 68A-6.0022(7), F.A.C. Such list shall include the name, address and contact phone number for contiguous land owners or neighbors. For the purposes of this section a “contiguous land owner or neighbor” shall mean the current resident for all properties sharing a common boundary with the facility location. The entire width of a dedicated roadway shall be considered sharing a common boundary in instances of a dedicated roadway between neighboring properties.

(a) through (e) renumbered (b) through (f) No change.

(3) No change.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 372.921, 372.922 FS. History–New 8-1-79, Amended 6-21-82, Formerly 39-6.03, Amended 6-1-86, 7-1-90, 7-1-92, 2-1-98, Formerly 39-6.003, Amended 1-1-08,________.

 

68A-6.007 Possession, Transportation, Exhibition and Caging Venomous Reptiles and Reptiles of Concern; Prohibited Reptile Species.

(1) Any person who keeps, possesses, exhibits or sells poisonous or venomous reptiles shall comply with Sections 372.86, 372.87, 372.88, 372.89, 372.90, 372.901, 372.91 and 327.921, F.S., and the provisions of this rule.

(2) Any person who keeps, possesses, exhibits or sells reptiles of concern shall comply with Sections 372.921 and 372.922, F.S., and the provisions of this rule. The following reptiles, including any subspecies or hybrids thereof, are designated as reptiles of concern:

(a) Indian or Burmese python (Python molurus)

(b) Reticulated python (Python reticulatus)

(c) African rock python (Python sebae)

(d) Amethystine or Scrub python (Morelia amethystinus)

(e) Green anacondas (Eunectes murinus)

(f) Nile monitor (Varanus niloticus)

(3) through (7) renumbered (2) through (6) No change.

(7)(8) Transporting:

Any person transporting venomous reptiles shall comply with Section 372.86 372.90, F.S., and the provisions of this rule. Venomous reptiles shall be placed in a stout closely woven cloth sack, tied or otherwise secured. In lieu of a stout closely woven cloth sack, the venomous reptile may be contained in a trap or box of solid construction which is locked or otherwise secured. The sack, trap or box shall then be placed in a box. The box shall be of strong material in solid sheets, except for small air holes which shall be screened. Boxes containing venomous reptiles shall be prominently labeled “Danger – Venomous Reptiles.”

(8)(9) No change.

(10) All species of snakes commonly known as sea snakes or sea kraits, belonging to the families Elapidae, Hydrophiidae or Laticaududae are prohibited from being imported or possessed, except under the provisions of Section 370.081(4), F.S.

Specific Authority Art. IV, Sec. 9, Fla. Const., 372.86, 372.92, 372.921, 372.922 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 372.86, 372.87, 372.88, 372.89, 372.90, 372.901, 372.91, 372.92, 372.921, 372.922 FS. History–New 1-1-08, Amended________.

 

68A-6.0071 Record Keeping and Reporting Requirements.

Any person who possesses any live venomous reptile or reptile of concern shall have a permit issued in accordance with Section 372.86, F.S., and, if applicable, 372.921 or 372.922, F.S., and comply with the provisions of this rule, Rule 68A-6.007, F.A.C., and, if applicable, Rule 68A-6.0072, F.A.C.

(1) through (2)(a) No change.

(b) Persons possessing any live venomous reptile or live reptile of concern in accordance with Section 372.86, F.S., or any live reptile of concern in accordance with Section 372.922, F.S., for personal use shall complete a Captive Wildlife Inventory-Reptile form, FWCDLE_620IV-R (12-06), and submit same to Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, 620 South Meridian Street, Tallahassee, Florida 32399-1600, upon annual renewal of license and upon any instance of inventory change.

(c) No change.

Specific Authority Art. IV, Sec. 9, Fla. Const., 372.86, 372.92, 372.921, 372.922 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 372.86, 372.87, 372.88, 372.89, 372.90, 372.901, 372.91, 372.92, 372.921, 372.922 FS. History–New 1-1-08, Amended________.

 

68A-6.0072 Identification of Non-Native Venomous Reptiles and Reptiles of Concern; Escape.

(1) Any person who keeps or possesses for personal use any live venomous reptile not indigenous to Florida or any live reptile of concern, in accordance with Section 372.86, F.S., or any live reptile of concern, in accordance with Section 372.922, F.S., must permanently identify such reptile.

(a) through (c) No change.

(2) No change.

(3) Passive integrated transponder (PIT tag) identification shall consist of the implantation implementation of a unique PIT tag under the specimen’s skin in a manner to maintain the PIT tag permanently in place.

(a) For snakes implantation implementation shall be in specimens with a two (2) inch or greater diameter. The PIT tag shall be implanted in the back one-third (1/3) of the snake, forward of the anal plate.

(b) For lizards implantation implementation shall be in the body cavity in close proximity to and forward of a rear leg or in a rear leg.

(c) The requirement pertaining to the location of the PIT tag implantation implementation shall not apply to specimens implanted prior to acquisition of the animal or prior to the effective date of this rule.

(4) through (5) No change.

Specific Authority Art. IV, Sec. 9, Fla. Const., 372.86, 372.92, 372.921, 372.922 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 372.86, 372.87, 372.88, 372.89, 372.90, 372.901, 372.91, 372.92, 372.921, 372.922 FS. History–New 1-1-08, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Colonel Julie Jones, Director, Division of Law Enforcement
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mr. Kenneth D. Haddad, Executive Director
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 13, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 4, 2007.