The purpose of the proposed rule amendment is to clarify regulations regarding deer carcass labeling requirements when transferring to another party. The intended effect is improved understanding and compliance of deer carcass ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-12.003Protection of Certain Deer and Turkey; Tagging of Deer, Bear, and Turkey; Deer Harvest Reporting; Evidence of Sex Required

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to clarify regulations regarding deer carcass labeling requirements when transferring to another party. The intended effect is improved understanding and compliance of deer carcass labeling requirements.

SUMMARY: Clarify regulations regarding deer carcass labeling requirements when transferring to another party such that deer being transferred shall be labeled by the harvester with their first and last name and harvest reporting confirmation number. Require labeling to remain on the carcass until final processing or until stored at the domicile of its possessor. Allow meat processors to utilize a log book and tracking system in lieu of labeling requirements.

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: George Warthen, Director, Division of Hunting and Game Management, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68A-12.003 Protection of Certain Deer and Turkey; Tagging of Deer, Bear, and Turkey; Deer Harvest Reporting; Evidence of Sex Required.

(1) No change.

(2) Deer:

(a) through (b) No change.

(c) Harvest reporting requirements shall apply to any person that harvests a deer, except for the following: non-native deer, deer harvested out of state, deer killed by a motor vehicle, deer harvested under permits issued pursuant to chapter 68A-9, F.A.C., and deer harvested on a licensed Game Farm or Licensed Private Hunting Preserve.

1. through 4. No change.

5. Once a harvested deer is reported through the Commission’s harvest reporting system and prior to that deer being transferred to another party, all the deer, or portions or parts thereof, shall be labeled by the harvester with their first and last name and the harvest reporting confirmation number. Such labeling shall remain on the deer, or portions or parts thereof, until final processing or until stored at the domicile of its possessor. As an alternative to labeling, a processor may use a log book and numbering or other tracking system. The log book shall contain the same information required of the aforementioned label. The log book shall be kept on the processor’s premises for inspection by Law Enforcement Officers of the Commission.have written information attached thereto containing the information recorded in the harvest log and the harvest reporting confirmation number prior to being transferred from the person who harvested it to another party.

(3) No change.

Proposed Effective Date: July 1, 2021

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-05, Amended 7-1-2021.

 

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: George Warthen, Director, Division of Hunting and Game Management, 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: May 12, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 18, 2021