The purpose of the proposed rule amendment is to clarify the experience requirements for a License to Possess Class I and/or Class II Wildlife for Exhibition or Public Sale (ESA) for alligators. The effect will be to achieve experience requirement ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-6.0022Possession of Class I, II, or III Wildlife in Captivity; Permit Requirements

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to clarify the experience requirements for a License to Possess Class I and/or Class II Wildlife for Exhibition or Public Sale (ESA) for alligators. The effect will be to achieve experience requirement consistency among all Class I and/or II ESA applicants and ensure public safety and the welfare of captive alligators.

SUMMARY: The proposed rule amendment would remove an exemption to the experience requirements for applicants seeking an ESA for alligators.

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 HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: April 25 - 26, 2018, 8:30 a.m. to 5:00 p.m., each day.

PLACE: Marriott Fort Lauderdale North, 6650 North Andrews Avenue, Ft. Lauderdale, Florida 33309.

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-6.0022 Possession of Class I, II, or III Wildlife in Captivity: Permit Requirements.

(1) through (4) No change.

(5) Qualification requirements for a permit to possess Class I or Class II wildlife:

All applicants shall qualify for permits as follows:

(a) through (c) No change.

(d) Experience and examination requirements for Class II permits:

1. through 2. No change

3. The above requirements shall not apply to applicants for permits to possess American alligators in accordance with Section 379.3751, F.S.

3.4. The above requirements shall not apply to applicants for permits to possess species of the family Bovidae in accordance with Sections 379.3711 and 379.3712, F.S.

(e) through (f) No change.

(6) through (7) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.3761, 379.3762 FS. History–New 7-1-90, Amended 7-1-90, 7-1-91, 2-1-98, Formerly 39-6.0022, Amended 4-30-00, 1-1-08, 8-27-09, 7-8-10,              .

 

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: December 06, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 23, 2018