The purpose of the proposed amendments is to update language in the application process to reflect change to an online system. Other amendments would provide non-substantive technical changes, such as grammatical corrections, ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-6.004Possession of Class I, II, and III Wildlife: Permit Application Criteria

PURPOSE AND EFFECT: The purpose of the proposed amendments is to update language in the application process to reflect change to an online system. Other amendments would provide non-substantive technical changes, such as grammatical corrections, language standardization, or clarification of an existing rule. These amendments will have the effect of clarifying the application process.

SUMMARY: The proposed rule will update language in the application process to reflect change to an online system and provide other non-substantive technical changes.

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 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-6.004 Possession of Class I, II, and III Wildlife: Permit Application Criteria.

(1)-(2) No change.

(3) Class I or II wildlife permit application requirements: An applicant shall make application to the Commission. The applicant for a permit to possess Class I or II wildlife shall provide the following information:

(a) The applicant’s legal name, date of birth, and contact information to include personal phone number, business phone number, and email address, if any.

(b) To be permitted as a business, in addition to paragraph (a), the applicant shall provide the name of the business and the business shall be currently registered through the Florida Department of State, Division of Corporations.

(c) The complete mailing address to include city, state, and zip code for the applicant/business.

(d) The complete facility address where the wildlife is located to include city, state, and zip code.

(e) Whether the facility is owned or leased by the applicant, unless otherwise exempt pursuant to 68A-6.010(4), F.A.C. A copy of the valid and current lease agreement shall be submitted with the application in the event that the facility location is under lease to the applicant.

(f) The county or counties where the facility is located.

(g) The size (in acres) of the property on which the facility is located, unless otherwise exempt pursuant to 68A-6.010(4), F.A.C.

(h) The current inventory of Class I or II wildlife possessed, identified by species and quantity. If no Class I or II wildlife is currently possessed, then the planned inventory shall be provided, identified by species.

(i) The applicant’s acknowledgement that the information provided in the application is true, accurate, and complete.

(4)(3) Qualification requirements for a permit to possess Class III wildlife:

No permit shall be issued to any person to possess Class III wildlife for exhibition, sale or personal use unless such person can meet the following requirements:

(a) Be 16 years of age or older.Age Requirement: Applicants to possess Class III wildlife shall be at least 16 years of age.

(b) Application for permits to possess Class III wildlife for personal use shall include the satisfactory completion of a questionnaire developed by the Commission that assesses the applicant’s knowledge of general husbandry, nutritional, and behavioral characteristics. Such information shall be documented on the Personal Use Application and Questionnaire form FWCDLE_621 (01/07), (effective January 2017, which is adopted and incorporated herein by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-11138). Forms may be obtained by submitting a request to: Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, 620 South Meridian Street, Tallahassee, Florida 32399-1600, or at www.myfwc.com/permits.

(c) Applicants for permits to possess capuchin, spider, or woolly monkeys shall meet the age, experience and examination requirements for authorization to possess Class II wildlife in subsection 68A-6.004(2), F.A.C.

(c)(d) Applicants shall bBe able to provide satisfactory caging facilities as required in the standard caging requirements of this Chapter, within 30 days of notification of tentative approval for a permit.

(d)(e) Applicants shall eEnsure that the conditions under which the wildlife will be held shall not constitute a threat to the public or to the animal.

(5) Class III permit application requirements: An applicant shall make application to the Commission. The applicant for a permit to possess Class III wildlife shall provide the following information:

(a) The applicant’s legal name, date of birth, and contact information to include personal phone number, business phone number, and email address, if any.

(b) To be permitted as a business, in addition to paragraph (a), the applicant shall provide the name of the business and the business shall be currently registered through the Florida Department of State, Division of Corporations.

(c) The complete mailing address to include city, state, and zip code for the applicant/business.

(d) The complete facility address where the wildlife is located to include city, state, and zip code.

(e) The county or counties where the facility is located.

(f) The current inventory of Class III wildlife possessed, identified by species and quantity. If no Class III wildlife is currently possessed, then the planned inventory shall be provided, identified by species.

(g) The applicant’s acknowledgement that the information provided in the application is true, accurate, and complete.

(h) Applicants for permits to possess Class III wildlife as a hobbyist or for commercial use shall provide their current or planned type of commercial activity.

(i) Applicants for permits to possess Class III wildlife for personal use shall satisfactorily answer questions developed by the Commission to demonstrate knowledge of general husbandry, nutritional needs, and behavioral characteristics of the species requested.

(j) Applicants for permits to possess Class III wildlife for personal use shall provide the planned inventory, identified by species and quantity, and the name, address, and license number (if the sale takes place in Florida) of the source of their wildlife.

(6)(4) Except as otherwise provided, applicants for permits to possess wildlife in captivity shall specify the location of the facility at which the wildlife shall be kept or possessed. Prior to the issuance of a permit for Class I, Class II, or Class III capuchin, spider or woolly monkeys, such facility shall be inspected and approved by Commission personnel prior to the issuance of the permit.

(7)(5) Disaster and Critical Incident Plans: Applicants for permits to possess wildlife in captivity as authorized pursuant to Section 379.3761 or 379.303, F.S., or the provisions of this chapter shall document in writing a course of action to be taken in preparation for disasters or critical incidents. Provisions of this subsection shall apply to permittees maintaining captive wildlife in Florida. Such course of action shall be made available for inspection upon request of Commission personnel and the director of the local emergency management agency for the county where the facility is located. Such course of action shall include the following information: documented on the Captive Wildlife Critical Incident/Disaster Plan form FWCDLE_619 (06/09) (effective June 2009, which is adopted and incorporated herein by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-11136). Forms may be obtained by submitting a request to: Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, 620 South Meridian Street, Tallahassee, Florida 32399-1600, or at www.myfwc.com/permits. This form shall consist of two parts. Part A of form FWCDLE_619 shall be submitted at the time of initial application or renewal; and Part B shall be retained in the permittee’s files at the facility location and be made available for inspection upon request of Commission personnel and the director of the local emergency management agency for the county where the facility is located.

(a) The name, business name (if applicable), physical address, and personal or business phone number for an emergency contact who does not reside at the facility location. Such individual may be responsible for assisting with emergency response or may assist in providing contact information for the permittee in the event of a critical incident or disaster. Such information shall be submitted to the Commission at the time of initial or renewal application.

Provisions of this subsection shall apply to permittees maintaining captive wildlife in Florida.

(b) The name, business name (if applicable), physical address, and personal or business phone number for the veterinarian used to provide veterinary services for wildlife maintained at the facility. Such information shall be submitted to the Commission at the time of initial or renewal application.

(c) Emergency plan specifying the plan of action to be taken in the event of an emergency (natural disaster, fire, etc.) and critical incident.

(d) A list of chemical capture equipment, if applicable.

(e) A list of physical capture equipment (i.e. nets, catch poles, gloves, hooks, tongs, etc.).

(f) A list of transport cages and vehicles.

(g) A site plan of the facility, including the following:

1. Location of access point to facility if access is controlled by fences, gates, etc.

2. Location of area(s) where captive wildlife is kept.

3. Location of supplies (i.e., food, medicines, capture equipment, etc.).

4. Location of each electricity and gas shutoff switch/valve.

(h) Emergency supply checklist, including food, water, medical supplies, generator(s), ice, or other miscellaneous supplies, if applicable.

(i) Location of storage and/or contact information for obtaining supplies.

(j)(b) For permittees where the facility is located out of state, the provisions of this subsection shall apply when such permittee is in travel status in Florida with Class I or Class II wildlife. In this instance, information as specified in paragraphs (c)-(i) above Part B must accompany the Class I or Class II wildlife while in travel status in Florida and shall describe the course of action to be taken in the event of a critical incident or natural disaster in Florida.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.303, 379.304 FS. History–New 8-1-79, Amended 6-22-80, 6-4-81, Formerly 39-9.03, Amended 6-21-82, Formerly 39-6.04, Amended 5-10-87, 4-13-88, 7-1-90, 9-1-90, 4-14-92, 2-1-98, Formerly 39-6.004, Amended 1-1-08, 8-27-09, 9-30-19,           .

 

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.R.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Colonel Roger Young

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 03, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 15, 2022