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-9.006Wildlife Rehabilitation Permit

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-9.006 Wildlife Rehabilitation Permit.

(1) No change.

(2) A federal permit authorizing rehabilitation of migratory birds, approved by the director of the United States Fish and Wildlife Service, is required if possessing migratory birds for rehabilitation purposes. Such permit shall be obtained and maintained and shall be made available for inspection upon request of Commission personnel.

(3) Qualification Application requirements for a permit to possess wildlife for rehabilitation purposes:

(a) An applicant shall make written application to the Commission by completing the Joint State/Federal Special Purpose Permit Application for Wildlife and Migratory Bird Rehabilitation application form, FWCDLE 617, (dated 07/31/09 and incorporated herein by reference). Such application form shall be available at the Florida Fish and Wildlife Conservation Commission’s Tallahassee and regional offices, or at http://www.myfwc.com/RULESAND REGS/Rules_Captive_index.htm. An applicant must be 18 years of age, or older.

(b) An applicant shall include in the permit application the name, address and telephone number of a veterinarian, who will assist the applicant by providing consulting and referral services regarding rehabilitation and treatment.

(c) After December 31, 1994, any person not permitted as a wildlife rehabilitator in the State of Florida shall obtain a wildlife rehabilitator’s permit to perform wildlife rehabilitation services and shall qualify for a permit by one of the following methods:

1. Experience requirement: Applicants shall have no less than one (1) year of experience (consisting of no less than 1000 hours) in the care of sick, injured, orphaned, or otherwise impaired wildlife. Applicants shall submit written documentation of such experience, including a description of the specific experience acquired, and the dates and location where acquired. In addition, the applicant application shall submit references from no less than two individuals, one of whom shall be a permitted rehabilitator, who shall state, based upon personal knowledge, that the applicant possesses the stated experience. Additional documentation may consist of records of prior permits for rehabilitation issued by other states or the United States Fish and Wildlife Service, employment records of wildlife rehabilitative facilities, or other competent documentation of experience.

2. No change.

(d)-(g) renumbered (c)-(f).

(4) Permit application requirements: An applicant shall make application to the Commission. The applicant for a permit to possess wildlife for rehabilitation purposes 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) If applicant is a public agency, business, corporation, or institution, applicant shall provide explanation of the type or kind.

(d) If applicant is a corporation, applicant shall provide the state in which it is incorporated.

(e) Name, title, and phone number of the president, principal officer, or director.

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

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

(h) Description of the types of holding facilities, cages, or enclosures the applicant maintains.

(i) The name, business name (if applicable), physical address, and personal or business phone number for a veterinarian who will assist applicant by providing consulting and referral services regarding rehabilitation and treatment.

(j) A signed letter from a veterinarian as described in paragraph 68A-9.006(4)(i), F.A.C., above, verifying such consulting and referral services.

(k) Applicant shall estimate the maximum number and type(s) of wildlife and migratory birds, if applicable, applicant is equipped to handle at any one time.

(l) If the applicant wishes to possess migratory birds for rehabilitation purposes, applicant shall provide the expected disposition of permanently impaired or deceased migratory birds.

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

(4)-(7) renumbered (5)-(8) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-6-94, Formerly 39-9.006, Amended 8-27-09, 3-24-13, 3-24-13, 7-1-13,           .

 

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