The rule currently prohibits the sale of white-tailed deer venison and only allows live white-tailed deer to be sold and transported alive for propagation purposes. The proposed change will make the rule consistent with ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-12.004Possession or Sale of Birds or Mammals; Taxidermy Operations and Mounting Requirements

PURPOSE AND EFFECT: The rule currently prohibits the sale of white-tailed deer venison and only allows live white-tailed deer to be sold and transported alive for propagation purposes. The proposed change will make the rule consistent with previously approved language permitting the sale of white-tailed deer venison and transport of live white-tailed deer.

SUMMARY: The amendment will allow for the sale of white-tailed deer venison and align the rule language to provide consistency with previously approved language in rules 68A12.011 and 68A-12.010, F.A.C.

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: the ADA Coordinator, at [phone]. If you are hearing or speech impaired, please contact the agency by calling [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-12.004: Possession or Sale of Birds or Mammals; Taxidermy Operations and Mounting Requirements.

(1) through (6). No change.

(7) The sale of deer (venison) is prohibited except:

(a) Live deer may be sold by licensed game farms and hunt preserves and transported alive as provided for in rules 68A-12.010 and 68A-12.011 F.A.C. for propagation purposes.

(b) Deer (venison) from species of deer not native to the state may be sold. Non-native deer (venison) may be sold uncooked to the public provided:

1. Non-native deer (venison) may only be sold uncooked when packaged in a tamper-proof container with a label stating “NON-NATIVE VENISON (species identified).” The label shall identify the species of deer contained in the container.

2. No person shall possess any venison for commercial consumptive purposes without being in possession of documentation that the venison is from non-native species produced on a licensed game farm or hunting preserve or otherwise legally acquired.

(c) This section shall not supersede any rules of any state or Federal agency or any laws regarding quality control, inspections, transportation, sale or regulation of foodstuff and meat products.

(d) As provided for in rules 68A-12.010 and 68A-12.011, F.A.C.

(8) through (12) No change.

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, 7-5-84, Formerly 39-12.04, Amended 5-10-87, 6-8-87, 4-20-94, 8-7-97, Formerly 39-12.004, Amended 7-29-15, 1-11-17, 7-1-19,            .

 

Proposed Effective Date: July 1, 2021

BE ADVISED THAT THIS PROPOSED RULE MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE FOLLOWING THE COMMISSION MEETING AT WHICH IT IS CONSIDERED IF THE RULE IS NOT CHANGED. IF CHANGED, THE RULE 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: 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: May 12, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 15, 2021