The purpose of this rule is to address the trafficking of migratory birds and improve the enforcement relating to illegal activities relating to the taking and trapping of migratory birds. This rule language covers a wide variety of traps used by ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-16.006Prohibitions Related to Bird Traps

PURPOSE AND EFFECT: The purpose of this rule is to address the trafficking of migratory birds and improve the enforcement relating to illegal activities relating to the taking and trapping of migratory birds. This rule language covers a wide variety of traps used by illegal trappers. The effect of this rule is to establish regulations related to the use, placement, possession, and transport of bird traps to prevent illegal trapping migratory birds. The proposed rule language includes exceptions, such as for persons possessing a federal permit or falconry permit and those engaged in activities authorized under Rules 68A-9.010, (Taking of Nuisance Wildlife), 68A-9.012, (Taking of Wildlife on Airport Property) or 68A-12 F.A.C. (Rules Related to Game).

SUMMARY: The Federal Migratory Bird Treaty Act and associated state rule (68A-16.001, F.A.C) prohibits the capture, possession, sale, purchase, and transportation of native birds in Florida. Despite these protections, illegal trapping of native birds has long been a concern in the state, particularly in south Florida, where trapping is thought to be widespread. Although it is illegal to capture, possess, or sell native birds under existing state rule, there currently are no regulations on the use, placement, possession, or transport of bird traps. This complicates the ability of Law Enforcement to enforce existing protections, because officers cannot make a case unless they witness birds in the trap or persons with a bird in their possession. To support the ability of Law Enforcement officers to enforce existing protections, staff recommend establishing regulations regarding the use, placement, possession, and transport of bird traps. The proposed rule language includes exceptions, such as for persons possessing a federal permit or falconry permit and those engaged in activities authorized under Rules 68A-9.010, (Taking of Nuisance Wildlife), 68A-9.012, (Taking of Wildlife on Airport Property) or 68A-12 F.A.C. (Rules Related to Game).

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: Art. IV, Sec. 9, Florida Constitution

LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATES AND TIMES: During the Commission’s regular meeting October 2-3, 2019, 8:30 a.m. to 5:00 p.m., each day

PLACE: Radisson Resort at the Port, 8701 Astronaut Boulevard, Cape Canaveral, FL 32920

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 by calling [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: Dr. Brad Gruver, Section Leader, Species Conservation Planning Section, Division of Habitat and Species Conservation, Florida Fish and Wildlife Conservation Commission, 620 S. Meridian St., Tallahassee, FL 32399-1600.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68A-16.006 Prohibitions Related to Bird Traps

(1) For the purpose of this rule, a bird trap is any device, material, substance or enclosure designed or used to catch and retain avian species, typically by allowing entry but not exit or by catching hold of a part of the body. Poultry coops and lofts for domestic pigeons are not bird traps under this rule.

(2) Bird traps must be clearly labeled with the Florida Fish and Wildlife Conservation Commission permit number or the exemption being utilized pursuant to subsection (3); and the name, address, and phone number of the person or company placing the trap. Traps without labeling are subject to removal by law enforcement.

(3) The use, placement, or possession of bird traps or allowing the placement of bird traps is prohibited without a permit issued pursuant to Rules 68A-27.007, 68A-9.002, or 68A-16.006(5), F.A.C., with the following exceptions:

(a) Persons possessing a federal permit authorizing the trapping of birds listed under the Federal Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq., may use, place, or possess bird traps or allow bird traps to be placed for the purposes specified in the permit.

(b) Persons authorized to trap resident game birds under a state permit or under Chapter 68A-12, F.A.C., may use, place, or possess bird traps or allow bird traps to be placed for the purposes specified in the state permit or in Chapter 68A-12, F.A.C.

(c) Persons possessing a falconry permit may use, place, or possess bird traps or allow bird traps to be placed for the purposes specified in the permit. Persons possessing a falconry permit also may capture birds that are not resident game birds and that are not included in 50 C.F.R. §10.13 (November 1, 2013), List of Migratory Birds, to capture, feed, or train raptors possessed under the person’s falconry permit.

(d) Persons authorized to take wildlife at airports pursuant to 68A-9.012, F.A.C., may use, place, or possess bird traps or allow bird traps to be placed to conduct activities authorized under Rule 68A-9.012, F.A.C.

(e) Persons possessing a federal authorization to trap nuisance, depredating or injurious birds except migratory game birds and birds listed in Chapter 68A-27 or Rule 68A-16.002, F.A.C., may use, place, or possess bird traps or allow bird traps to be placed while conducting the authorized activities.

(f) Captive wildlife facilities holding a valid captive wildlife permit may use, place, or possess bird traps on the permitted property, or other areas with land owner permission, to capture escaped captive birds, provided the permit holder provides notification prior to placement and use of traps to the Florida Fish and Wildlife Conservation Commission Division of Law Enforcement of the number and species of escaped birds, along with the number and type of bird traps set.

(g) Persons or companies possessing one of the following licenses or certifications issued by the Florida Department of Agriculture and Consumer Services pursuant to Chapter 482, F.S., may use, place, or possess bird traps for the capture of birds that are not resident game birds and that are not included in 50 C.F.R. §10.13 (November 1, 2013), List of Migratory Birds:

1. Licenses issued pursuant to Section 482.071, F.S.

2. Certificates for general household pest control and lawn and ornamental pest control issued pursuant to subsection 482.111(2), F.S.

3. Limited certification for governmental pesticide applicators or private applicators in the structural category (Rule 5E-14, F.A.C.) issued pursuant to Section 482.155, F.S.

4. Limited certification for commercial wildlife management personnel issued pursuant to Section 482.157, F.S.

(h) Businesses or corporations registered with the Florida Department of State and engaged in the sale of bird traps may possess bird traps for the purposes of manufacture and sale and are exempt from subsection (2).

(4) The possession of bird traps indoors for educational or exhibition purposes is authorized, provided the bird trap is registered with Florida Fish and Wildlife Conservation Commission at [website to be inserted]. Registration under this subsection does not authorize any other use or placement of bird traps. Persons registering at [website to be inserted] shall provide their name, contact information, the number of traps being registered, whether it is being used for educational or for exhibition purposes and the address that each trap will be located.

(5) Persons not meeting the exceptions in subsection (3) may apply for a permit to use, place, or possess bird traps for the capture of birds that are not resident game birds and that are not included in 50 C.F.R. §10.13 (November 1, 2013), List of Migratory Birds.

(a) Applicants for permits to use, place, or possess bird traps or allow bird traps to be placed in accordance with this section shall submit a completed permit application form WIM 02 (07/19) which is adopted and incorporated herein by reference. Such form is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx, or by submitting a request to: Florida Fish and Wildlife Conservation Commission, Division of Habitat and Species Conservation, 620 South Meridian Street, Tallahassee, Florida 32399-1600.

(b) Applicants must be at least 18 years old.

(c) Permits shall be valid for one year from the date of issuance.

(d) Prior to use or placement of bird traps outdoors, permittees must notify Florida Fish and Wildlife Conservation Commission Division of Law Enforcement of the species to be targeted, number and types of traps to be set, permit number, and physical location of each trap.

(e) Prior to use or placement of bird traps, permittee must obtain written permission of the landowner or the landowner’s designee.

(f) While conducting permitted activities, permittees must have a copy of the permit and a copy of the landowner permission readily available for inspection by Florida Fish and Wildlife Conservation Commission Division of Law Enforcement.

(g)  Any incidentally-captured resident game birds or birds included in 50 C.F.R. §10.13 (November 1, 2013), List of Migratory Birds, shall be released immediately, unless the permittee possesses all necessary state or federal authorizations to capture such species.

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

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Bradley J. Gruver

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 17, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 6, 2018