Facility and Structural Caging Requirement for Class I, II and III Wildlife

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife

Rule No.: RULE TITLE
68A-6.003: Facility and Structural Caging Requirement for Class I, II and III Wildlife

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 36 No. 12, March 26, 2010 issue of the Florida Administrative Weekly.

Proposed amendment to Rule 68A-6.003 has been changed to include the following modified subsection:

(2) In order to assure public safety, the facilities for the housing of Class I and Class II wildlife shall meet the requirements of this rule. Compliance with these requirements is a necessary condition for licensure. For the purposes of this rule, a “facility” means the site at which Class I or Class II wildlife are permanently kept or exhibited, except for those locations where the standard caging requirements are exempted under Rules 68A-6.0041 and 68A-6.005, F.A.C. Upon receipt of an initial application regarding Class I or Class II wildlife, the Florida Fish and Wildlife Conservation Commission shall notify the county or municipality wherein the proposed facility is to be located of a pending application. Current licensees that desire to expand their inventory to include a family of Class I or Class II species not previously authorized at their facility location shall comply with the requirements herein. Requests to upgrade wildlife classification authorizations shall be considered initial applications for license purposes. Applicants shall complete and submit a Facility Location Information form, FWCDLE_616IV(09-10), which is adopted and incorporated herein by reference. Forms may be obtained by submitting a request to: Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, 620 South Meridian Street, Tallahassee, Florida 32399-1600, or at www.myfwc.com/permits. Facilities housing Class I or Class II wildlife must meet local building codes and valid local zoning requirements. The county or municipality wherein the facility is to be located has 25 days, from receipt of the notification from the Florida Fish and Wildlife Conservation Commission of a pending application regarding Class I or Class II wildlife, in which to determine whether the facility is in compliance with local building codes and zoning requirements. If the county or municipality determines that applicant is not in compliance with local building codes and zoning requirements, the applicant must provide proof, including but not limited to, written documentation from a local government entity or a court of competent jurisdiction, to the Florida Fish and Wildlife Conservation Commission indicating that the conflict between the applicant and the county or municipality has been resolved in favor of the applicant before the Florida Fish and Wildlife Conservation Commission will consider the application complete. If the county or municipality fails to notify the Florida Fish and Wildlife Conservation Commission of its determination of compliance in a manner prescribed by the agency within 25 days, the Florida Fish and Wildlife Conservation Commission will deem the application in compliance with local building codes and zoning requirements.

(a) through (b) No change.

(c)1. through 4. No change.

5. Zoning:

Facilities housing the following Class I wildlife may not be located on property within an area zoned solely for residential use. Changes in zoning subsequent to the issuance of the license or permit shall not be disqualifying provided the license is maintained in a current and valid status.

a. Primates (all listed species)

b. Cats (all listed species)

c. Bears (family Ursidae)

d. Elephants (family Elephantidae)

e. Rhinoceros (family Rhinocerotidae)

f. Hippopotamuses (family Hippopotamidae)

g. Cape Buffalos and Gaur (family Bovidae)

h. Hyenas and Aardwolf (family Hyaenidae)

(d) through (e) No change.

(f) The above facility requirements relating to land area, buffer zones, and perimeter fencing, shall be effective January 1, 2008, but shall not apply to those facilities licensed to possess captive wildlife species prior to that date. After January 1, 2008, those licensees that desire to expand their inventory to include a family of Class I or Class II species not previously authorized at their facility location shall comply with the requirements here in. Requests to upgrade wildlife classification authorizations shall be considered new applications for license purposes.

No other changes were made to the rule amendments as proposed.