68-5.004: Amnesty for Persons Relinquishing Non-native Pets
PURPOSE AND EFFECT: The purpose of the proposed rule changes is to allow reptile of concern license holders to legally accept unlicensed reptiles of concern at any time of the year.
The effect of this rule change will provide outlets for these unwanted nonnative animals and help prevent their being released into Floridas natural habitats.
SUMMARY: Rule 68-5.004, F.A.C., (Amnesty for Persons Relinquishing Non-native Pets) would be amended to allow the transfer of unlicensed reptiles of concern to properly licensed recipients. Current rule language allows unlicensed wildlife to be transferred to a recipient only at nonnative pet amnesty day events, to a state or county wildlife control agency, or through confiscation by a law enforcement officer. Since January 1, 2008 a $100 annual permit is required to possess reptiles of concern, and many reptile of concern owners have decided to relinquish their animals. There are few amnesty day events held around the state each year, and wildlife control agencies are not required to accept unwanted reptiles of concern. The proposed rule change would allow reptile of concern license holders to legally accept unlicensed reptiles of concern at any time of the year. This will provide outlets for these unwanted nonnative animals and help prevent their being released.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will ___ or will not X have an impact on small business. A SERC has ___ or has not X been prepared by the agency.
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.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: April 28-29, 2010, each day, during the regular meeting of the Commission, 8:30 a.m. 5:00 p.m.
PLACE: Florida Public Safety Institute, Pat Thomas Law Enforcement Academy, 215 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, (850)488-6411. 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: Michael Yaun, Deputy General Counsel, Legal Office, Florida Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, FL 32399-1600
THE FULL TEXT OF THE PROPOSED RULE IS:
68-5.004 Amnesty for Persons Relinquishing Non-native Pets.
It is the policy of the Fish and Wildlife Conservation Commission to encourage persons possessing unwanted non-native fish or wildlife as pets to relinquish such pets to qualified adopters as an alternative to releasing them into Floridas environment. In furtherance of this policy, the Commission will sponsor amnesty events for such purpose.
(1) Persons adopting nonnative species through an FWC sponsored amnesty event may accept non-native fish or wildlife from persons who have not obtained a permit from the Commission for possession of such fish or wildlife.
(2) State and county wildlife control agencies may accept non-native fish and wildlife from persons who have not obtained a permit from the Commission for possession of such fish or wildlife.
(2)(3) Any person relinquishing or adopting non-native fish or wildlife pursuant to this rule is hereby deemed not to be in violation of the permit requirement of subsection 68A-6.0023(7) 68A-6.0021(2), F.A.C.
(3) Persons with a valid license to possess or exhibit reptiles of concern may accept reptiles of concern as defined in subsection 68A-6.007(1), F.A.C., from persons who have not obtained a permit from the Commission for possession of such reptiles without violating the provisions of subsection 68A-6.0023(7), F.A.C., which prohibits the buying, selling or transferring of wildlife to or from an unpermitted entity within Florida.
(a) Persons accepting unpermitted reptiles of concern shall complete a Captive Wildlife Inventory-Donated Reptile form, which is available from the Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, 620 South Meridian Street, Tallahassee, Florida 32399-1600, and submit the form to the same address within 72 hours of acquisition.
(b) Any person relinquishing or accepting reptiles of concern under this subsection is authorized to make such transfer and is not in violation of the prohibitions on buying, selling or transferring contained in subsection 68A-6.0023(7), F.A.C.
(c) Persons accepting unpermitted reptiles of concern under this subsection must otherwise comply with all permit conditions and Commission rules, specifically including provisions in Chapter 68A-6, F.A.C.
(4) State and county wildlife control agencies may accept non-native fish and wildlife from persons who have not obtained a permit from the Commission for possession of such fish or wildlife
PROPOSED EFFECTIVE DATE: July 1, 2010.
Rulemaking Specific Authority Article IV, Section 9, Florida Constitution. Law Implemented Article IV, Section 9, Florida Constitution. HistoryNew 10-23-08, Amended 7-1-10.
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.W.
