Possession of Prohibited Non-Native Species

 

FISH AND WILDLIFE CONSERVATION COMMISSION

RULE NO.:RULE TITLE:

68-5.007Possession of Prohibited Non-Native Species

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. 46 No. 179, September 14, 2020 issue of the Florida Administrative Register.

68-5.007 Possession of Prohibited Non-native Species.

No person shall import into the state, sell, possess, or transport any live specimens of the species, or hybrids or eggs thereof, listed in rule 68-5.006, F.A.C., except by Conditional/Prohibited/Nonnative Species permit and as provided below:

(1) Exhibition of Prohibited Species:

(a) Eligibility:

1. A permit for educational exhibition of Prohibited species shall only be issued to public aquaria, zoological parks, or public exhibitors.

2. If a person, firm, or corporation held a valid captive wildlife class III exhibition or sale license on June 30, 2020, and documented an inventory of green iguanas or tegus on his or her or its 2018 or 2019 license application or indicated planned possession of green iguanas or tegus on his or her or its 2018 or 2019 license application, the Commission, upon receipt of a completed permit application, shall authorize that person, firm, or corporation to continue to exhibit green iguanas or tegu lizards for as long as the person, firm, or corporation maintains an active permit.

a. Such status is void upon any permit transfer or lapse.

b. The person, firm, or corporation may not import green iguanas or tegus into this state.

c. Public exhibitors without a facility that is open to the public during normal business hours must show proof of a minimum of 12 educational engagements equating to a minimum of 48 hours of public exhibit contact time annually.  This proof shall be available for inspection at all times and must include venue, venue address, date of exhibit, exhibit times, number of public participants and advertisement or invitation information.

3. Permits shall not be issued to entities operating at residential properties private residences, except that:

a. The Commission may authorize applicants or permittees that qualify for a permit under subparagraph 68-5.007(1)(a)2., to operate at a residential property.

b. If a person, firm or corporation held a valid captive wildlife license to exhibit Burmese pythons, reticulated pythons, Northern African pythons, Southern African pythons, scrub pythons, amethystine pythons, green anacondas, or Nile monitors prior to these species becoming listed as Prohibited and documented the species in their inventory on their 2019 or 2020 captive wildlife license application, the Commission may authorize that person, firm or corporation to continue to operate at a residential property. Public exhibitors must show proof of a minimum of 12 educational engagements equating to a minimum of 48 hours of public exhibit contact time annually. This proof shall be available for inspection at all times and must include venue, venue address, date of exhibit, exhibit times, number of public participants and advertisement or invitation information.

c. Only individual animals possessed by the applicant or permittee prior to the species’ listing as Prohibited may continue to be possessed under this exception. No additional specimens of those species may be acquired under this exception.

(b) through (d) No change.

(2) Research: Individuals or institutions engaged in research shall be granted a permit, provided the following requirements are met:

(a) Eligibility: The Commission may issue permits authorizing possession of Prohibited species for scientific or conservation purposes which will benefit the eradication and control potential of the species. For the purposes of this rule, a scientific or conservation purpose shall mean activities that further the understanding of the biology of the species, impacts the species may have on Florida’s ecology, economy, or human health and safety, and collection of scientific data needed for control and management of the species. The following factors shall be considered in determining whether there is a scientific or conservation purpose: A permit for research involving Prohibited species shall be issued only to a principal investigator who is a faculty member of a college or university, is affiliated with an accredited institution, or is a member of a federal, state, county, or tribal agency.

1. Whether the purpose for which the permit is required justifies the risk of maintaining the species;

2. Whether the permit would conflict with any program intended to enhance survival of native species;

3. Whether the purpose of the permit would likely reduce the presence of nonnative species in the wild;

4. Whether the probable direct or indirect effects on native wildlife, habitat, and the economy posed by issuing the permit are justified by the benefits of the research;

5. The opinions or views of scientists or other persons or organizations having expertise concerning the species sought to be possessed or planned research methodology; and

6. Whether the expertise, facilities, or other resources available to the applicant are adequate to successfully accomplish the objective stated in the application.

(b) through (e) No change.

(3) Eradication and Control

(a) No change.

(b) Permits for eradication and control projects involving the release of Prohibited species for telemetry projects

1. Eligibility: Permits shall only be issued to a principal investigator who is a faculty member of a college or university, is affiliated with an Association of Zoos and Aquariums or Zoological Association of America  accredited institution, or is a member of a federal, state, county, or tribal agency.

2. No change.

(c) All animals removed under a permit for eradication and control shall be humanely killed.,except Ggreen iguanas and tegus removed by persons in possession of a valid commercial use of green iguanas and tegus permit pursuant to subsection (4) below shall be maintained by the permittee for commercial sale under the provisions of that permit, transferred to other entities permitted under subsection (4) below, or humanely killed.

(d) All Prohibited species eggs encountered during permitted eradication and control activities shall be destroyed in place and shall not be removed intact from the nest location.  

(e) The permit will expire 12 months from the date of issuance.

(4) Commercial Sales Use of Green Iguanas (Iguana iguana) and Tegus (genera Salvator and Tupinambis, all species):

(a) If a person, firm, or corporation held a valid captive wildlife class III exhibition or sale license on June 30January 1, 2020, and documented an inventory of green iguanas or tegus lizards on his or her or its 2018 or 2019 license application or indicated planned possession of green iguanas or tegus on his or her or its 2018 or 2019 license application, the Commission, upon receipt of a completed permit application, shall may authorize that person, firm, or corporation so as to allow them to continue to exhibit, sell, or breed green iguanas or tegu lizards commercially for as long as the person, firm, or corporation maintains an active permit the license remains active.

1. Such status is void upon any permit license transfer or lapse.

2. The person, firm, or corporation may only sell such inventory outside of this state and may not import green iguanas or tegus the species into this state.

3. Such entities may only continue to breed green iguanas or tegus until June 30, 2024. After that date, no additional breeding of green iguanas or tegus will be authorized. Males and females shall be caged separately after that date. Proof of sex for each individual shall be made available upon request by Commission personnel. Any eggs produced after June 30, 2024 shall be destroyed immediately.

(b) Applicants for permits to possess green iguanas or tegus for commercial sales use purposes in accordance with this section shall submit a completed Conditional/Prohibited/Nonnative Species Permit application form FWC WIM 05 (12/20)[Form Number] available at https://www.flrules.org/Gateway/reference.asp?No=Ref-12804 [hyperlink] which is adopted and incorporated herein by reference. Forms may also be obtained 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.

(c) Permitted commercial sales users shall submit an annual report at the conclusion of each license period detailing the following:

1. The seller name, seller license number, source of each animal, recipient name, recipient location, species common name, species scientific name, date of sale or transfer, and quantity sold for each sale or transfer.

2. Reports shall be submitted by email to [e-mail] or by mail to the Florida Fish and Wildlife Conservation Commission, Division of Habitat and Species Conservation, Wildlife Impact Management Section, 620 South Meridian Street, Tallahassee, Florida 32399-1600, within 90 days of permit expiration or upon application for permit renewal, whichever is precedent.

(d) The permit will expire 12 months from the date of issuance.

(5) Personal Possession of Prohibited Species:

(a) Eligibility:

1. Reptiles of Concern: persons with a valid license to possess Reptiles of Concern for personal use may continue to possess those animals in accordance with the provisions of that license and Chapter 68A-6, F.A.C. Prohibited reptile species shall only be permitted to be possessed for personal use in accordance with section 379.372, F.S.

2. Other Prohibited species: if the Commission designates a species as a Prohibited species after May 2, 2019, the Commission may authorize the personal possession of that newly designated species by those licensed or otherwise authorized to possess that species before the effective date of the species’ designation by the Commission as a Prohibited species.

3. Permits may only be granted to persons in lawful possession of such species prior to the species’ listing as Prohibited for the remainder of the life of the animal. No additional specimens individuals may be acquired. If the animal remains alive following the death or dissolution of the licensee, the animal may be legally transferred to another entity holding a permit authorizing possession of the same species animal for the remainder of the life of the animal.

4. Identification: Prohibited species possessed for personal use shall be permanently identified with a unique passive integrated transponder (PIT tag). Identification shall consist of the implantation of a unique PIT tag under the specimen’s skin in a manner to maintain the PIT tag permanently in place.

(b) Permit qualifications:

1. Applicants for permits to possess Prohibited species for personal use in accordance with this section shall submit a completed Conditional/Prohibited/Nonnative Species Permit application form WIM 01 (02/19) available at https://www.flrules.org/Gateway/reference.asp?No=Ref-10435 which is adopted and incorporated herein by reference. Forms may also be obtained 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.

2. Records of identification including PIT tag number where applicable, along with information about the specimen being identified (species, specimen name or number, sex, and age) must be provided to the Commission upon permit application.

(c) The permit will expire 12 months from the date of issuance.

(6) Inspections Caging and Biosecurity

(a)Inspections:1. Permittees and applicants applying to possess captive Prohibited species may shall be inspected by Commission personnel or an authorized representative of the Commission prior to issuance of a permit. Scheduled and unannounced inspections to ensure general security measures are followed may be conducted at any time during the permit and/or application period. Commission personnel shall determine whether the Prohibited species are securely, properly and safely housed. In the event that any Prohibited species are not securely, properly and safely housed, Commission personnel shall report the situation in writing to the person authorized to possess or exhibit such Prohibited species. Failure of the possessor or exhibitor to correct the situation within 30 days after such written notice shall be grounds for revocation of the permit.

(b) 2. Refusal of inspection shall result in denial of permit application or revocation of existing permit.

(b) Prohibited species maintained for exhibition purposes shall only be exhibited from within approved enclosures. Prohibited species shall not be exhibited in any mobile exhibitions.

(7) Caging and Biosecurity

(a)(c) Prohibited aquatic species shall be maintained in indoor facilities in containers or other confinement facilities designed to prevent escape and having no exterior water discharge or having a water discharge through a closed drain system that terminates in a dry-bed wastewater retention area with no public access.

(b)(d) Captive Prohibited terrestrial species shall be maintained in facilities in cages or other confinement facilities that prevent escape and public contact, except as follows:

1. Prohibited reptile species used for mobile exhibition outdoors shall be exhibited from within locked enclosures and shall not be free-handled or have public contact.

2. Prohibited reptile species used for mobile exhibition indoors may be exhibited from within locked enclosures or free-handled by the exhibitor or an employee handler. For the purposes of this section, free- handling is defined as a situation in which an exhibitor or employee handler maintains control, possession, and supervision of the animal with no public contact. For the purposes of this section, indoors is defined as inside a room or building where all windows and doors are closed to prevent escape to the outdoor environment; indoors does not include tents or other non-permanent structures.

(c)(e)Captive Prohibited reptile species shall be maintained in indoor facilities in safe, locked secure, and proper housing in cases, cages, or enclosures of the following specifications:

1. Enclosures kept indoors shall be structurally sound and constructed using the following authorized materials: plate glass of at least one-eighth (1/8) inch thickness, break-resistant or injection molded plastic of similar strength, concrete reinforced with wire, sheet metal, one-quarter (1/4) inch or smaller woven or welded wire mesh (hardware cloth), molded fiberglass, plywood or solid wood (excluding materials constructed of lumber by-products such as oriented strand board (OSB), medium density fiberboard (MDF) and melamine) that has been treated to be impervious to moisture and is not less than one-half (1/2) inch in thickness, or other materials which provide equivalent stability and security against escape and unauthorized intrusion. Materials constructed of lumber by-products such as oriented strand board (OSB), medium density fiberboard (MDF) and melamine shall not be used for indoor enclosures. Enclosures equipped with tracks holding sliding panels shall have the tracks secured with screws or rivets and enclosure design shall be escape-proof for the species contained therein. Enclosures and doors to enclosures shall be locked secured. The doors of each enclosure shall be securely locked by a device operated by a key, combination lock, key card or other locking device approved by the Commission to prevent unauthorized intrusion.

2. A room or outbuilding may contain indoor Prohibited reptile species enclosures, provided that such a room or outbuilding is equipped with a safety entrance as described in subparagraph 68-5.007(7)(c)3. below and locked by a device operated by a key, combination lock, key card, or other locking device approved by the Commission to prevent unauthorized intrusion, is inaccessible to unauthorized personnel, is constructed and maintained as to be escape-proof, and has been inspected and approved as conforming to these rules by Commission personnel prior to use. If a viewing panel is used as a portion of an exterior wall, such panel shall be constructed of a minimum of one-quarter (1/4) inch thick, tempered, safety glass. Viewing panel shall not serve as an access point.

3. Outdoor enclosures shall be topped with a close-meshed wire or equivalent barrier, 2. Enclosures shall be equipped with a double doored safety entrance. For the purposes of this rule, a safety entrance is defined as a protected, escape-proof area that can be entered by a keeper and prevents escape of Prohibited reptiles from secondary containment. Lumber Any components constructed of lumber byproducts such as oriented strand board (OSB), medium density fiberboard (MDF), and melamine shall not be used for outdoor enclosures. Outdoor enclosures shall be inspected and approved as conforming to these rules by Commission personnel prior to use be no less than one-half (1/2) inch in thickness, shall not be directly exposed to weather and shall be constructed, covered, coated or treated to be impervious to moisture.

3. A room may contain Prohibited reptile species in cages that are not locked provided that such a room is equipped with a safety entrance as described in subparagraph 68-5.007(5)(e)2. above and locked by a device operated by a key, combination lock, key card or other locking device approved by the Commission to prevent unauthorized intrusion, is inaccessible to unauthorized personnel, is constructed and maintained as to be escape-proof, and has been inspected and approved as conforming to these rules by Commission personnel prior to use.

a. Prohibited reptile species shall not be bred in outdoor enclosures. No clutches shall be laid or maintained in outdoor enclosures and no births shall occur in outdoor enclosures. No juveniles shall be reared in outdoor enclosures unless the individual animal has been marked with a unique PIT tag, in accordance with paragraph 68-5.007(7)(f), below.

b. Prohibited reptile species shall not be maintained in outdoor enclosures unless the individual animal has been marked with a unique PIT tag, in accordance with paragraph 68-5.007(7)(f), below.

c. The floors of outdoor enclosures shall be of concrete or masonry block construction at least two (2) inches in thickness. Sides shall be constructed of concrete at least eight (8) inches in thickness, with a minimum height of four (4) feet above the floor of the enclosure.

d. The corners of outdoor enclosures shall be designed or guarded to prevent the escape of reptiles by climbing.

e. All landscaping of outdoor enclosures shall be arranged to ensure that vegetation or other structures do not allow for the escape of reptiles.

f. All outdoor enclosures shall be equipped with shelter which is continuously available and sufficient to cover the body mass of all animals housed within such enclosure.

g. If a viewing panel is used as a portion of an exterior wall of an outdoor enclosure, such panel shall be constructed of a minimum of one-quarter (1/4) inch thick, tempered, safety glass. Viewing panel shall not serve as an access point.

h. Facilities with outdoor enclosures housing Prohibited reptiles shall have 180 days from the date the species is listed as Prohibited to bring such enclosures into compliance with the requirements listed in subsubparagraphs 68-5.007(7)(c)3.a.-g. above.

4. Each enclosure housing Prohibited reptiles shall be accurately, visibly and clearly marked with a label stating “Prohibited Reptile;” identifying the species contained therein by common and scientific name; and displaying the PIT tag number of the specimen(s) within, if applicable. A label as described above shall accompany the Prohibited reptile when it is removed from the enclosure. Prohibited reptile identification labels shall be removed from empty enclosures.

5. All enclosures shall meet the minimum standard caging size requirements as specified in Rule 68A-6.01214, F.A.C.

(d)(f) Facilities with one or more permittee at the same facility location may not commingle their respective live Prohibited species inventories. All cages or enclosures must be clearly identified or visibly marked with the name of the permittee or other identifier to facilitate inventory inspections.

(e)(g)All permittees shall develop a safe handling protocol establishing requirements for all caretakers to follow regarding biosecurity and safety. All individuals associated with a facility authorized to possess Prohibited reptile species that may be in contact with or provide care for such Prohibited reptile species shall demonstrate knowledge of facility requirements and secure handling protocols for Prohibited species as established by the permittee.

(f)(h) Identification: Prohibited reptile species shall be permanently identified with a unique passive integrated transponder (PIT tag). Identification shall consist of the implantation of a unique PIT tag under the specimen’s skin in a manner to maintain the PIT tag permanently in place.

1. For snakes, implantation shall be in the rear one-third (1/3) of the snake, forward of the anal plate. All snakes over ½ inch diameter must be PIT tagged. Any snake not meeting this size requirement must be housed indoors until it is PIT tagged and reported to the FWC. 

2. For lizards, implantation shall be in the body cavity in close proximity to and forward of a rear leg, or in a rear leg. All lizards over 5 inches snout-to-vent length (SVL) must be PIT tagged. Any lizard not meeting this size requirement must be housed indoors until it is PIT Tagged and reported to the FWC.

3. The requirement pertaining to the location of the PIT tag implantation shall not apply to specimens implanted prior to acquisition of the animal or prior to the effective date of this rule.

4. Records of identification including PIT tag number where applicable, along with information about the specimen being identified (species, PIT tag number, sex gender, and age) must be provided to the Commission within 7 days 72 hours of acquisition and maintained in the possessor’s records for as long as the specimen is possessed. Such reports shall be submitted by email to [e-mail] or by mail to the Wildlife Impact Management Section, 620 South Meridian Street, Tallahassee, Florida 32399-1600.

5. Persons with a permit to sell green iguanas or tegus in accordance with subsection (4) above shall mark all green iguanas or tegus with a unique PIT tag prior to sale.

(g) (i) Transporting:

1. Prohibited reptile species shall be transported only after placement in a closely woven, double-seam sewn, cloth sack. This cloth sack shall be placed in a second cloth sack of similar construction, which shall be placed in a secure, locked container. Said containers shall be prominently labeled “Prohibited Dangerous Reptiles.”

2. Placeholder for transport requirements for other taxa groups.

(8) (7) Record Keeping and Reporting

(a) Record Keeping: Persons possessing Prohibited species shall maintain an accurate record of all changes in inventory including births, deaths, acquisitions, sales and transfers of all Prohibited species. Such records shall be kept on the permitted premises on a Prohibited Species Inventory Report Form FWC WIM 06 (12/20) (form number), available at https://www.flrules.org/Gateway/reference.asp?No=Ref-12805 (hyperlink) which is adopted and incorporated herein by reference. Forms may also be obtained 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. Such records shall be available for inspection upon request by Commission personnel at all times and shall be maintained for three (3) years.

1. Records of births or deaths shall include the date, quantity, and species of each birth or death. For the purposes of this section “birth” shall be defined as the initial hatch or live birth date for the clutch.

2. Records of acquisition shall include the date of acquisition; quantity and species of reptiles acquired; method of identification and unique passive integrated transponder (PIT tag) number, if applicable, for each specimen; name and complete address of supplier; and Prohibited species permit number of supplier where applicable.

3. Sales and Transfers: Prohibited species may be transferred between permitted to persons that are authorized to possess Prohibited species for educational exhibition, research, or qualifying commercial use. Such transfers must be accompanied by a completed Prohibited Species Inventory Report Form FWC WIM 06 (12/20) (form number), available at https://www.flrules.org/Gateway/reference.asp?No=Ref-12805. This form shall be signed by the originator upon shipment and by the recipient upon receipt and shall list the common name, scientific name, and quantity of each species in transport; name and address of the originator and recipient; Prohibited species permit number of the recipient; if the shipment originates within Florida, the Prohibited species permit number of the originator.

(b) Reporting:

1. Persons exhibiting or selling live Prohibited reptiles in accordance with section 379.304, F.S., shall complete a Prohibited Species Inventory Report Form FWC WIM 06 (12/20) available at https://www.flrules.org/Gateway/reference.asp?No=Ref-12805, (form number) and submit same to Florida Fish and Wildlife Conservation Commission, Division of Habitat and Species Conservation, 620 South Meridian Street, Tallahassee, Florida 32399-1600, upon annual renewal of permit and six months thereafter.

2. Persons permitted for eradication and control of Prohibited species shall submit a report to the Commission quarterly detailing the number, common and scientific name, location of removal (longitude and latitude), date of removal, and final disposition of each animal. Reports shall be submitted upon annual renewal of permit and six months thereafter.

(c) Any escape from primary enclosures or unauthorized release of Prohibited species shall be reported immediately to the Commission by contacting the local FWC Law Enforcement dispatch center. Failure to report an escape or release shall constitute grounds for revocation of the permit to possess Prohibited species.

(9)(8) Critical Incident and Disaster Plan:

(a) Applicants for permits to possess Prohibited species as authorized pursuant to the provisions of this chapter shall document in writing a course of action to be taken in preparation for disasters or critical incidents. Such course of action shall be documented on the Captive Wildlife Critical Incident/Disaster Plan form FWCDLE_619 (06/09) available at https://www.flrules.org/Gateway/reference.asp?No=Ref-10436 which is adopted and incorporated herein by reference. Forms may also be obtained by submitting a request to: Florida Fish and Wildlife Conservation Commission, Division of Habitat and Species Conservation, Wildlife Impact Management Section 620 South Meridian Street, Tallahassee, Florida 32399-1600. This form shall consist of two parts. Part A of form FWCDLE_619 shall be submitted at the time of initial application or renewal; and Part B shall be submitted at the time of initial application or renewal and retained in the permittee’s files at the facility location and be made available for inspection upon request of Commission personnel and or the director of the by local emergency management agency personnel for the county where the facility is located.

(b) No change.

(9) through (10) renumbered (10) through (11) No change.

(12)(10) Prohibited reptiles shall not be bred, except as follows:

(a) By by permitted facilities for educational exhibition at Zoological Association of America- or Association of Zoos and Aquariums-accredited or certified institutions, research, or qualifying commercial use purposes as described in subsection 68-5.007(4) above.

(b) Permit applicants seeking authorization to breed Prohibited reptiles for research or educational exhibition purposes in accordance with this section shall submit a detailed proposal explaining the conservation value of breeding such species. Such proposal shall be reviewed and approved by Commission personnel prior to any Prohibited reptile breeding activity occurring at the facility.

(c) Any other males and females of a Prohibited species shall be caged separately, unless the individual animals have been spayed, neutered, or otherwise sterilized. If a permitted facility cannot determine the sex of an animal, that individual shall be caged separately. 

(12)(11)  No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History‒New 12-27-18, Amended 5-2-19,        .