The purpose of the rule amendment is to identify acts considered violations of 68A-6.009(1), F.A.C., to clarify enclosure requirements regarding open top enclosures and barriers to prevent escapes, and to include a prohibition ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-6.009General Regulations Governing Possession of Captive Wildlife

PURPOSE AND EFFECT: The purpose of the rule amendment is to identify acts considered violations of 68A-6.009(1), F.A.C., to clarify enclosure requirements regarding open top enclosures and barriers to prevent escapes, and to include a prohibition on unauthorized persons breaching safety barriers. The effect will be improved public safety and animal welfare.

SUMMARY: The proposed amendment will identify acts considered violations of 68A-6.009(1), will clarify the enclosure requirements for open top enclosures and barriers to prevent escapes, and will include a prohibition on unauthorized persons breaching safety barriers.

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-6.009 General Regulations Governing Possession of Captive Wildlife.

(1) No person shall maintain captive wildlife in any unsafe or unsanitary condition, or in a manner which results in threats to the public safety, or the maltreatment or neglect of such wildlife. any of the following:

(a) An unsanitary condition;

(b) An unsafe condition;

(c) A threat to public safety;

(d) Maltreatment, neglect, or injury of such wildlife;

(e) An injury to a person as specified in Rule 68A-6.018(6), F.A.C.;

(f) An escape of wildlife as specified in Rule 68A-6.018(7), F.A.C.

(2) Caging Requirements:

(a) No change.

(b) Cages or enclosures housing captive wildlife shall be sufficiently strong to prevent escape and to protect the caged animal from injury, and shall be equipped with structural safety barriers to prevent any physical contact with the caged animal by the public, except for contacts as authorized under subsection 68A-6.016(1), F.A.C. Structural safety barriers may be constructed from materials such as fencing, moats, landscaping, or close-mesh wire, provided that materials used are safe and effective in preventing public contact.

(c) All cages or enclosures less than 1,000 square feet shall be covered at the top completely enclosed to prevent escape, (except paddocks, reptile enclosures, and open air habitats specified in this chapter below). Class I or Class II wildlife shall not be kept in uncovered enclosures that are less than 1,000 square feet, except as specified in this chapter. All outdoor enclosures for non-native venomous reptile species and reptiles of concern shall be topped with close-meshed wire or an equivalent barrier to provide additional security as specified in Rule 68A-6.0171, F.A.C.

(d) No change.

(3) No change.

(4) In addition to the standard caging requirements set forth in this chapter, Class I and Class II animals shall be caged in accordance with the following requirements:

(a) No change.

(b) All cages or enclosures constructed of chain link or other approved materials shall be well braced and securely anchored at ground level to prevent escape by digging or erosion. Cages shall be constructed using metal clamps, ties or braces of equivalent strength as the material required for cage construction for the particular species. Cages or enclosures using the ground as flooring must meet the following requirements:

1. For enclosures housing wildlife species or individual animals which that exhibits a behavior of digging or burrowing:

Enclosures shall have a footer or bottom apron constructed of concrete, chainlink or equivalent strength material as specified in this rule for the housing of such wildlife. The footer must be a depth of 3 feet. In the instance of a bottom apron, the bottom apron must be securely attached to the bottom of the enclosure fencing or wall and extend inward into the enclosure a minimum of 3 feet. The bottom apron must be buried to prevent injury to the captive wildlife in the enclosure.

2. No change.

(5) It is unlawful for any unauthorized person to breach, remove, damage, or dismantle the structural safety barrier of any enclosure, wildlife exhibit, or ride.

 

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-30-19, Amended   .

 

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: July 13, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 10, 2022