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-6.0172Record Keeping and Reporting Requirements for Venomous Reptiles and Reptiles of Concern

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-6.0172 Record Keeping and Reporting Requirements for Venomous Reptiles and Reptiles of Concern.

Any person who possesses any live venomous reptile or reptile of concern shall have a permit issued in accordance with Section 379.372, and if applicable, Section 379.3761, F.S., and comply with Section 379.304, F.S., and the provisions of this rule, Rules 68A-6.017 and 6.0171, F.A.C.

(1) Record Keeping:

Possessors shall maintain an accurate record of all changes in inventory of any venomous reptiles or reptiles of concern, which shall be open to inspection upon request by Commission personnel. Such records shall includeing the following: births, deaths, acquisitions, sales and transfers of all venomous reptiles or reptiles of concern. Such records shall be kept on the licensed premises on a Captive Wildlife Inventory-Reptile form, FWCDLE_620IV-R (06/09) (effective June 2009, which is adopted and incorporated herein by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-11144). 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. Such records shall be open to inspection upon request by commission personnel.

(a) Records of births andor deaths, which shall include the following:

1. Ddate of the birth or death; and the

2. For venomous reptiles, the quantity and species per biological family of each birth or death. For reptiles of concern, the quantity per species of each birth or death. For the purposes of this section “birth” shall be defined as the initial hatch or live birth date for the clutch.

(b) Records of acquisition, which shall include the following:

1. Ddate of acquisition;

2. For venomous reptiles, the quantity and species per biological family of reptiles acquired;

3. Mmethod of identification and unique passive integrated transponder (PIT tag) number, if applicable, for each specimen;

4. Nname and complete address of supplier; and

5. Llicense identification number of supplier where applicable.

(c) Records of sale or transfer, which shall include the following:

1. Ddate of sale or transfer;

2. For venomous reptiles, the quantity and speciesper biological family of reptiles sold or transferred, and for reptiles of concern, the quantity per species of reptiles sold or transferred;

3. Mmethod of identification and unique passive integrated transponder (PIT tag) number, if applicable, of each specimen sold or transferred; and the

4. Llicense identification number of the recipient where applicable.

(2) Reporting:

(a) Persons exhibiting or selling live venomous reptiles or reptiles of concern in accordance with Section 379.372 or 379.3761, F.S., shall complete a Captive Wildlife Inventory-Reptile form, FWCDLE_620IV-R (06/09), and submit­ the information described in subparagraphs 68A-6.0172(1)(a)2., 68A-6.0172(1)(b)2., and 68A-6.0172(1)(c)2., F.A.C., above same to the Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, 620 South Meridian Street, Tallahassee, Florida 32399-1600, upon annual renewal of license and six months thereafter.

(b) Persons possessing any live venomous reptile or reptile of concern in accordance with Section 379.372, F.S., for personal use shall complete a Captive Wildlife Inventory-Reptile form, FWCDLE_620IV-R (06/09), and submit­ the information described in subparagraphs 68A-6.0172(1)(a)2., 68A-6.0172(1)(b)2., and 68A-6.0172(1)(c)2., F.A,C, above same to the Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, 620 South Meridian Street, Tallahassee, Florida 32399-1600, upon annual renewal of license and upon any instance of inventory change.

(c) Persons operating in accordance with subsection 68A-6.003(7), F.A.C., are exempt from these reporting requirements.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 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 3,2022

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