The purpose and effect of these proposed rule changes is to consolidate provisions for the harassment and take of wildlife that pose a threat to aircraft safety and human life at airports and to eliminate most permitting requirements for such actions

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife

RULE NO: RULE TITLE
68A-9.010: Taking Nuisance Wildlife
PURPOSE AND EFFECT: The purpose and effect of these proposed rule changes is to consolidate provisions for the harassment and take of wildlife that pose a threat to aircraft safety and human life at airports and to eliminate most permitting requirements for such actions
SUMMARY: A new Rule 68A-9.012, F.A.C., consolidates from several existing rules into one rule the provisions concerning aircraft and human safety issues posed by wildlife on airport property. The new rule largely eliminates permitting requirements for taking of wildlife on airports for the purpose of aircraft or human safety. Consolidation of provisions addressing aircraft and human safety issues posed by wildlife from several rules into one rule also makes it easier for airport operators to understand how they may handle such issues. Other rules are repealed (68A-27.002) or modified (68A-9.010) because provisions are now included in the new rule, or modified (68A-4.002 and 68A-24.005) to be consistent with the new rule.
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: During the regular meeting of the Commission, June 23-24, 2010, 8:30 a.m. – 5:00 p.m., each day
PLACE: Orlando Marriott Lake Mary, 1501 International Parkway, Lake Mary, 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: Mr. Tim Breault, Director, Division of Habitat and Species Conservation, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600

THE FULL TEXT OF THE PROPOSED RULE IS:

68A-9.010 Taking Nuisance Wildlife.

Any person owning property may take nuisance wildlife or they may authorize another person to take nuisance wildlife on their behalf except those species listed in subsection (1) below on their property by any method except those methods listed in subsection (2) below. Persons responsible for government owned property are considered “landowners” for the purpose of this rule. Notwithstanding the provisions of this section, the executive director or a designee may issue permits authorizing the take of additional species of wildlife, additional methods of take or alternative forms of disposition and transportation for justifiable purposes pursuant to Rule 68A-9.002, F.A.C., provided authorizations shall be denied or revoked upon reasonable conclusion that the requested or permitted activity would be detrimental to fish and wildlife resources or public health and safety.

(1) Wildlife that may not be taken as nuisance wildlife:

(a) Species listed in Chapter 68A-27, F.A.C.

(b) The following mammals:

1. through 3. No change.

4. Bobcat – Except that a bobcat may be taken, as provided by subsections (2), (3) and (4) below, when it causes or is about to cause property damage, or presents a threat to public safety. Euthanasia of any live captured bobcat is prohibited and any live captured bobcat shall be released as provided by subsection (3).

(c) No change.

(2) Methods that may not be used to take nuisance wildlife:

(a) Gun and light, except as provided in paragraph (5)(b) below.

(b) No change.

(3) through (4) No change.

(5) Take of nuisance wildlife on airport property.

(a) Wildlife listed in Chapter 68A-27, F.A.C., that pose an imminent jeopardy to aircraft safety and human life, may be harassed by persistent, non-injurious disturbance without physical capture or direct handling to disperse wildlife by airport operators or their agents on airport property in order to prevent collisions between aircraft and wildlife.

(b) Airport personnel may take deer or wild turkey on airport property if their presence poses a potential threat to aircraft safety and human life. Deer may be taken by the use of a gun and light at night. Carcasses of deer or wild turkey taken under this rule shall be buried, incinerated on-site or donated to a charitable, non-profit institution or agency. No deer or wild turkey carcasses taken under this rule shall be retained for use by airport personnel.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-08, 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.

NAME OF PERSON ORIGINATING PROPOSED RULE: Mr. Tim Breault, Director, Division of Habitat and Species Conservation, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 28, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 11, 2009