The purpose of this rule is to address the trafficking of migratory birds and improve the enforcement relating to illegal activities relating to the taking and trapping of migratory birds. This rule language covers a wide variety of traps used by ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-16.006Prohibitions Related to Bird Traps

PURPOSE AND EFFECT: The purpose of this rule is to address the trafficking of migratory birds and improve the enforcement relating to illegal activities relating to the taking and trapping of migratory birds. This rule language covers a wide variety of traps used by illegal trappers. The effect of this rule is to establish regulations related to the use, placement, possession, and transport of bird traps to prevent illegal trapping migratory birds. The proposed rule language includes exceptions, such as for persons possessing a federal permit or falconry permit and those engaged in activities authorized under Rules 68A-9.010, F.A.C., (Taking of Nuisance Wildlife), 68A-9.012, F.A.C., (Taking of Wildlife on Airport Property) or 68A-12 F.A.C. (Rules Related to Game).

SUMMARY: The Federal Migratory Bird Treaty Act and associated state rule (68A-16.001, F.A.C) prohibits the capture, possession, sale, purchase, and transportation of native birds in Florida. Despite these protections, illegal trapping of native birds has long been a concern in the state, particularly in south Florida, where trapping is thought to be widespread. Although it is illegal to capture, possess, or sell native birds under existing state rule, there currently are no regulations on the use, placement, possession, or transport of bird traps. This complicates the ability of Law Enforcement to enforce existing protections, because officers cannot make a case unless they witness birds in the trap or persons with a bird in their possession. To support the ability of Law Enforcement officers to enforce existing protections, staff recommend establishing regulations regarding the use, placement, possession, and transport of bird traps. The proposed rule language includes exceptions, such as for persons possessing a federal permit or falconry permit and those engaged in activities authorized under Rules 68A-9.010, (Taking of Nuisance Wildlife), 68A-9.012, (Taking of Wildlife on Airport Property) or 68A-12 F.A.C. (Rules Related to Game).

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: Art. IV, Sec. 9, Florida Constitution.

LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution.

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

DATE AND TIME: During the Commission’s regular meeting May 1-2, 2019, 8:30 a.m. to 5:00 p.m., each day.

PLACE: Florida Public Safety Institute Conference Center, 85 Academy Drive, Havana, FL 32333.

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: Dr. Brad Gruver, Section Leader, Species Conservation Planning Section, Division of Habitat and Species Conservation, Florida Fish and Wildlife Conservation Commission, 620 S. Meridian St., Tallahassee, FL 32399-1600.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68A-16.006 Prohibitions Related to Bird Traps

(1) For the purpose of this rule, a bird trap is any device, material, substance or enclosure designed or used to catch and retain avian species, typically by allowing entry but not exit or by catching hold of a part of the body.

(2) The use, placement, or possession of bird traps outdoors; transport of bird traps other than by common carrier; or the attempt to conduct these activities is prohibited without a permit issued pursuant to 68A-27.007 or 68A-9.002, F.A.C., with the following exceptions:

(a) Persons possessing a federal permit authorizing the trapping of birds listed under the Federal Endangered Species Act, 16 U.S.C. § 1531 et seq., may use, place, possess, or transport bird traps for the purposes specified in the permit.

(b) Persons authorized to trap resident game birds under a state permit or under Chapter 68A-12, F.A.C., may use, place, possess, or transport bird traps for the purposes specified in the state permit or in Chapter 68A-12, F.A.C.

(c) Persons possessing a falconry permit may use, place, possess, or transport bird traps for the purposes specified in the permit. Persons possessing a falconry permit also may capture birds not identified by the United States Departments of Interior or Commerce in 50 C.F.R. §10.13, List of Migratory Birds to feed raptors possessed under the person’s falconry permit.

(d) Any airport employee or authorized representative may use, place, possess, or transport bird traps to conduct activities authorized under Rule 68A-9.012, F.A.C.

(e) Persons possessing a federal authorization for nuisance, depredating or injurious birds may use, place, possess, or transport bird traps while conducting the authorized activities.

(f) Devices used to retain poultry or domesticated pigeons.

(3) Bird traps must be clearly labelled with the name, address, phone number and, if applicable, permit number of the person placing the trap outdoors.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New ______.

 

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: Dr. Bradley J. Gruver

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 21, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 31, 2018