The purpose of this rule amendment and rule repeal is to delete provisions regarding the importation of certain tortoises and provide for the continuation of permit requirements for possession of venomous reptiles until January 1, 2008, at which ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife

RULE NO: RULE TITLE
68A-25.002: General Provisions for Taking, Possession and Sale of Reptiles
68A-25.006: Possession, Exhibition and Caging Venomous Reptiles: Prohibited Species
PURPOSE AND EFFECT: The purpose of this rule amendment and rule repeal is to delete provisions regarding the importation of certain tortoises and provide for the continuation of permit requirements for possession of venomous reptiles until January 1, 2008, at which time superseding requirements will become effective in new Rule 68A-6.007, F.A.C. The rule repeal will eliminate on January 1, 2008, provisions for caging and exhibition of venomous reptiles. Those provisions will be replaced by Rule 68A-6.007, F.A.C., on that date. The effect of this rulemaking will be to consolidate related regulatory provisions in the same place and allow citizens easier access to them.
SUMMARY: Rule 68A-25.002, F.A.C., is amended to delete provisions regarding the importation of certain tortoises and provide for the continuation of permit requirements for possession of venomous reptiles until January 1, 2008. This rule amendment is proposed to be effective July 1, 2007. Rule 68A-25.006, F.A.C., which contains provisions for caging and exhibition of venomous reptiles, is repealed effective January 1, 2008.
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.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution., 372.6672, 372.6673, 372.86, 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, April 11-12, 2007, 8:30 a.m. – 5:00 p.m., each day
PLACE: Ramada Conference Center, 2900 North Monroe Street, Tallahassee, Florida
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: James V. Antista, General Counsel, 620 South Meridian Street, Tallahassee, Florida 32399-1600

THE FULL TEXT OF THE PROPOSED RULE IS:

68A-25.002 General Provisions for Taking, Possession and Sale of Reptiles.

(1) through (13) No change.

(14) On or after July 1, 1990, and until January 1, 2008, any person or entity not currently permitted to possess or exhibit venomous reptiles must qualify for a permit by meeting the following criteria:

(a) Submit documentation in accordance with the criteria specified in paragraph 68A-6.0022(5)(c), F.A.C., showing a minimum of one (1) year substantial practical experience in the care, feeding, handling and husbandry of the family of venomous reptiles for which the permit is sought.

(b) Shall not have been convicted of a violation of venomous reptile regulations for three (3) years prior to application for such permit.

(c) Must be at least 18 years old at the time of application.

(15) No leopard tortoise (Geochelone pardalis) or African spurred tortoise (Geochelone sulcata) shall be imported or transported into this state, without a special permit issued by the Commission. The basis for the issuance of such permit shall include:

(a) That each shipment is accompanied by a veterinary certificate stating that all specimens are free from external parasites;

(b) That all shipping containers used to transport such tortoises are incinerated within 24 hours;

(c) Such other conditions as may be necessary to insure that no tortoise infested with ticks capable of transmitting the Heartwater disease is imported into Florida.

PROPOSED EFFECTIVE DATE: July 1, 2007.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 372.6672, 372.6673, 372.86, 372.921, 372.922 FS. History–New 8-1-79, Amended 6-4-81, 6-21-82, 7-1-83, 7-1-84, 7-1-85, Formerly 39-25.02, Amended 6-1-86, 5-10-87, 10-8-87, 4-13-88, 2-14-89, 7-1-89, 7-1-90, 4-14-92, 4-1-96, 9-15-96, 4-12-98, 7-1-99, Formerly 39-25.002, Amended 4-30-00, 7-1-07.

 

68A-25.006 Possession, Exhibition and Caging Venomous Reptiles: Prohibited Species.

PROPOSED EFFECTIVE DATE: January 1, 2008.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented 370.081, 372.86, 372.87, 372.88, 372.89, 372.90, 372.91, 372.92 FS. History–New 8-1-79, Amended 6-21-82, Formerly 39-25.06, Amended 5-10-87, 4-1-96, 9-15-96, Formerly 39-25.006, Amended 11-17-99, Repealed 1-1-08.

NAME OF PERSON ORIGINATING PROPOSED RULE: Timothy A. Breault, Director, Division of Habitat and Species Conservation
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mr. Kenneth D. Haddad, Executive Director
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 7, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 2, 2007