The proposed rule amendments will remove the limit of 10,000 acres to allow for hunting preserves to expand current facility size and minimize the need for operators to subdivide the property to meet the limit. The effect ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-12.010Regulations Governing the Operation of Private Hunting Preserves

PURPOSE AND EFFECT: The proposed rule amendments will remove the limit of 10,000 acres to allow for hunting preserves to expand current facility size and minimize the need for operators to subdivide the property to meet the limit. The effect of this proposed amendment would be to allow landowners to operate their hunting preserves without needlessly dividing their property and erecting additional fencing. In addition, the proposed amendments will allow for the sale of native white-tailed venison from hunt preserves in the process of dissolution. The effect of this amendment will be to allow hunt preserve licensees to depopulate their herds without waste of the animal.

SUMMARY: The proposed rule would remove the limit of 10,000 acres to allow for hunting preserves to expand their current facility size. In addition, it would allow for the sale of native white-tailed deer venison from hunting preserve licensees that are dissolving their business so herds can be depopulated without waste of the animal.

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 SCHEDULED AND ANNOUNCED IN THE FAR.

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: [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 Grant Burton, 620 South Meridian Street, Tallahassee, FL 32399

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68A-12.010 Regulations Governing the Operation of Private Hunting Preserves

(1) through (5) No change.

(6) A preserve shall consist of not more than 10,000 acres, including water area, and be owned or leased by the applicant. For the hunting of game mammals, the land shall be located wholly within a legally fenced tract. The boundaries of all preserves shall be posted with signs bearing the words “Licensed Hunting Preserve” which shall be placed at intervals of not more than 500 feet and be easily visible from any point of ingress or egress. Lettering on such signs shall be no less than 2 inches in height. No preserve shall be located within one mile of any wildlife management area, refuge or park established by state or federal law or regulation unless:

(a) through (c) No change.

(7) through (21) No change.

(22) Captive white-tailed deer may be possessed, sold or transferred for food or consumptive purposes when the preserve is dissolving. Preserves under dissolution selling white-tailed deer for venison shall:

1. Be transported live to a licensed processing facility for immediate processing for consumption. 

a. A copy of the current and valid hunting preserve license where such game was produced shall accompany the live game in transport to the processing facility.

b. The transporter of such game shall be licensed or otherwise authorized by the Commission to possess such game.

c. Notify the Commission at least 48 hours prior to transfer of live deer.

d. Preserves shall also comply with all statutes or regulations relating to food safety, quality control, inspections, transportation, sale and regulation of foodstuffs and meat products.

2. White-tailed deer meat (venison) shall only be sold when packaged in a tamper-proof container clearly marked with a label stating, “WHITE-TAILED DEER VENISON, PRODUCED ON A FLORIDA LICENSED HUNTING PRESERVE”. Additionally, each container shall be clearly marked to indicate the name, date, complete address, and license identification number of the preserve producing such venison and the identification number and name of the licensed processing facility.

3. Not have been chemically immobilized or otherwise provided any drugs within 30 days of transfer to a processing facility.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-4-81, 6-21-82, 7-1-83, Formerly 39-12.10, Amended 8-5-86, 4-11-90, 4-15-92, 10-20-96, 6-23-99, Formerly 39-12.010, Amended 5-29-01, 11-3-02, 7-1-05, 11-22-18, 12-03-20,         .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Colonel Curtis Brown

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 16, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 25, 2020