The purpose of the proposed amendment is to add requirements relating to reports of injuries and escapes of captive wildlife. The effect will be improved information on these incidents and increased public safety.

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-6.018Injuries, Bites, and Escapes

PURPOSE AND EFFECT: The purpose of the proposed amendment is to add requirements relating to reports of injuries and escapes of captive wildlife. The effect will be improved information on these incidents and increased public safety.

SUMMARY: The proposed amendment will add requirements related to reports of injuries and escapes of captive wildlife.

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:

 

Substantial rewording of Rule 68A-6.018 follows. See Florida Administrative Code for present text.

68A-6.018 Injuries, Bites, and Escapes

(1) Any person in possession of captive wildlife which requires a license or permit issued under Sections 379.3761, 379.3762, or 379.372, F.S., or those facilities exempt from licensure pursuant to Section 379.3761(4), F.S., shall report any injury from such wildlife which results in:

(a) Treatment beyond basic first aid, except if occurring to the licensee, an employee authorized as a Corporate Authorized Individual on the license in accordance with Rule 68A-6.004(2)(e) or 68A-6.017(3)(a)4., F.A.C, or an individual with required experience documentation on file for such wildlife in accordance with Rule 68A-6.004(2)(c), 68A-6.004(2)(d), 68A-6.004(3)(c), or 68A-6.017(3), F.A.C. Such injury shall be reported immediately, or as soon as practicable, to the Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement.

(b) Serious bodily injury to the licensee, an employee authorized as a Corporate Authorized Individual on the license in accordance with Rule 68A-6.004(2)(e) or 68A-6.017(3)(a)4., F.A.C, or an individual with required experience documentation on file for such wildlife in accordance with Rule 68A-6.004(2)(c), 68A-6.004(2)(d), 68A-6.004(3)(c), or 68A-6.017(3), F.A.C. Such injury shall be reported immediately, or as soon as practicable, to the Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement.

(2) Escapes

Any person in possession of wildlife which requires a license or permit issued under Sections 379.3761, 379.3762, or 379.372, F.S., or those facilities exempt from licensure pursuant to Section 379.3761(4), F.S., shall make reasonable efforts to ensure recapture and return of the escaped wildlife to containment. Such person shall contact the Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement as required below:

(a) Any person in possession of Class I wildlife, Class II wildlife, or capuchin, spider, or woolly monkeys, shall report any escapes of such wildlife immediately upon discovery. For the purposes of this paragraph, “escape” shall mean escape from the primary enclosure or escape from transport enclosure, leash, other constraint, or rigid supervision and control while outside of the primary enclosure.

(b) Any person in possession of venomous reptiles or reptiles of concern shall report any escapes of such wildlife immediately upon discovery. For the purposes of this paragraph, “escape” shall mean escape from primary containment when its whereabouts are unknown, or any escape from secondary containment.

(c) Any person in possession of Class III wildlife, except capuchin, spider, or woolly monkeys, shall report any escapes of such wildlife as soon as practicable, but no later than 12 hours after discovery of the escape. For the purposes of this paragraph, “escape” shall include any of the following:

1. Escape from the primary enclosure when the whereabouts of the wildlife is unknown;

2. Escape from the primary enclosure when the whereabouts of the wildlife is known, but wildlife cannot be captured prior to the end of the required reporting period;

3. Escape from the approved facility location;

4. Escape from transport enclosure, leash, other constraint, or rigid supervision and control while outside the approved facility location.

(3) Any person authorized to possess Class I wildlife or venomous reptiles shall maintain a list of the current contiguous landowners or neighbors included with the information required in subsections 68A-6.004(5) and 68A-6.017(4), F.A.C. Such list shall include the name and address for contiguous landowners or neighbors. For the purposes of this paragraph, a “contiguous landowner or neighbor” shall mean the current resident, if known, or landowner for all properties sharing a common boundary with the facility location. If the contiguous landowner or neighbor is a business complex or multi-unit dwelling, or if the facility is located in a business complex or multi-unit dwelling, the name and address of the building manager or property manager shall be maintained, if one exists. The entire width of a roadway shall be considered sharing a common boundary in instances of a roadway between neighboring properties.

(4) Failure to report any injury as specified in subsection (1) above, shall be considered a violation of this rule.

(5) Failure to report any escapes of wildlife as specified in subsection (2) above, shall be considered a violation of this rule.

(6) Any person who maintains captive wildlife in a manner which results in injury as specified in subsection (1) above due to such person maintaining captive wildlife in an unsafe condition or in a manner which results in threats to public safety commits a violation of paragraph 68A-6.009(1)(e), F.A.C.

(7) Any person who maintains captive wildlife in a manner which results in escape of wildlife as specified in subsection (2) above due to such person maintaining captive wildlife in an unsafe condition or in a manner which results in a threat to public safety commits a violation of paragraph 68A-6.009(1)(f), F.A.C.

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 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: 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: October 15, 2021