The purpose and effect of the proposed rule amendment is to establish importation requirements for deer, elk, and other species in the family Cervidae.

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-4.0051Importation of Deer, Elk and Other Wildlife Species in the Family of Cervidae

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment is to establish importation requirements for deer, elk, and other species in the family Cervidae.

SUMMARY: The proposed rule amendment would prohibit importation of deer, elk or other species of the family Cervidae originating from out-of-state, make an exception allowing cervids (except white-tailed deer) for zoo facilities with a Captive Wildlife Permit and AZA accreditation requirements, and allow temporary importation of reindeer (90 days maximum) with a permit. The proposed rule amendment is to prevent the introduction of Chronic Wasting Disease (CWD), a highly contagious and fatal disease of Cervids, into Florida’s free-ranging white-tailed deer and captive Cervid populations.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will 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 while there may be an impact to small business, a SERC is not required for this proposed rule. The agency is acting pursuant to its constitutional authority and is therefore, not an agency as defined by Chapter 120.52, F.S., and the requirements of Chapter 120, F.S., would not apply to this proposed rule. However, in January of 2008, the agency promulgated a rule requiring the agency to prepare a SERC when one is required by the APA that was in place on January 2008. Section 120.54 (2007) – the law in place on January 2008 – does not require a SERC in this instance.

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.

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 HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: During the Commission’s regular meeting, November 20-21, 2013, 8:30 a.m. each day

PLACE: Hyatt Regency Bonaventure Conference Center, 250 Racquet Club Road, Weston, FL 33326

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: Diane R. Eggeman, 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-4.0051 Importation of Deer, Elk and Other Wildlife Species in the Family of Cervidae.

In addition to other requirements of Chapter 379, F.S., and Division Chapter 68A, F.A.C., and in order to prevent the introduction of Chronic Wasting Disease (CWD) into the captive and wild deer of this state, no person shall receive, possess, transport, or carry into the state by any means any live deer, elk or other species of the family Cervidae originating from out-of-state unless permitted pursuant to Chapter 68A-6 and as provided herein.

(1) Zoos that meet or exceed all applicable Association of Zoos and Aquariums (AZA) accreditation standards (2013 Edition – available at www.dos.state.fl.us), which are adopted and incorporated herein by reference, are authorized to receive cervids from out-of-state (except for white-tailed deer which shall not be received from out-of-state) from another facility that meets or exceeds all applicable AZA accreditation standards.

(2) Any person is authorized to receive Reindeer (Rangifer tarandas) temporarily, for no longer than 90 days, provided that the reindeer being received have not originated from or been possessed at a premises or facility located in a county or a county adjoining a county where CWD has been documented, and are not located at a premises or facility in Florida with other species of the family Cervidae.

Cervids being moved shall not be commingled with cervids from other sources during transfer. No person shall violate Chapter Department of Agriculture and Consumer Services Rule 5C-26, F.A.C.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History-New 10-16-02, Amended 2-27-03,_________.

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: Diane R. Eggeman, 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: September 6, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 8, 2013