The purpose and effect of these amendments are to provide a means to allow qualifying deviations from the current rules regarding biosecurity requirements, the issuance of Prohibited species personal pet permits to a spouse ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

RULE NOS.:RULE TITLES:

68-5.001Purpose and Intent

68-5.007Possession of Prohibited Non-Native Species

PURPOSE AND EFFECT: The purpose and effect of these amendments are to provide a means to allow qualifying deviations from the current rules regarding biosecurity requirements, the issuance of Prohibited species personal pet permits to a spouse or beneficiary of a permit holder upon their death or disablement, to allow limited public contact with captive Prohibited terrestrial species by mobile exhibitors, and to update an incorporated form for eradication and control permit applications.

SUMMARY: The proposal for Rule 68-5.001(4), F.A.C., would allow for Commission staff to accept, review, and permit requested deviations to caging, enclosures, or caging materials required by Chapter 68-5, F.A.C., that prevent escape of captive nonnative species. The proposal for Rule 68-5.007(5)(a)3., F.A.C., would allow for a spouse or beneficiary to apply for a Prohibited species for personal use permit within 90 days of transfer following the death or disablement of a valid permit holder. The proposal for 68-5.007(7)(b), F.A.C., would allow for limited public contact of Prohibited captive terrestrial species when a permitted entity is conducting mobile exhibition, providing the handler maintains control, possession, and supervision of the animal while free-handling. The proposal for the incorporated form referenced in 68-5.007(3)(a), F.A.C., would update the application for Eradication and Control of Prohibited Species permits to reflect items required by rule.

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 amendments would allow for deviations from caging materials which would have the potential to save money for small business.

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, Sec. 9, Florida Constitution

LAW IMPLEMENTED: Article IV, Sec. 9, Florida Constitution

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: During the Commission’s regular meeting May 3-4, 2022, 8:30 a.m. – 5:00 p.m., each day.

PLACE: 1714 SW 34th Street, Gainesville, Florida 32607

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: Kristen Sommers, Section Leader, Wildlife Impact Management Section, Florida Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

68-5.001 Purpose and Intent.

(1) through (3) No change.

(4) No species listed in this Chapter shall be confined in any cage or other enclosure which does not meet the requirements in sections 68-5.005 and 68-5.007, F.A.C., except as authorized in accordance with the following:

(a) Requests for deviations from the standard caging or enclosure requirements or use of alternative caging materials may be granted to allow for different size configuration (length, width, and/or height) if the required square footage is adequate, as required in this section, and if the locomotory needs of the animal(s) are not compromised.

(b) Requests for deviations from the standard caging or enclosure requirements or for the use of alternative caging materials may be submitted to the Commission. Proposed deviations shall be granted if the proposed materials are of equivalent or greater strength to the required caging materials and all deviations are sufficient to prevent escape of the species.

(c) Any proposed deviations from the standard caging or enclosure requirements or use of alternative caging materials must be approved in writing as a permit modification by the Commission prior to the use of the cage or enclosure for housing animals.

(d) Requests for deviations must be submitted in writing to Florida Fish and Wildlife Conservation Commission, Division of Habitat and Species Conservation, 620 South Meridian Street, Tallahassee, Florida 32399-1600, or at [e-mail]. The request shall include:

1. The name, affiliation, mailing address, and physical address of where the deviation will occur, if different than the mailing address. 

2. The specific deviation requested. 

3. A statement of purpose or need for the deviation. 

4. Documentation showing the strength of the requested materials and that construction specifications to be used as part of the deviation meet or exceed the strength and biosecurity requirements in rule.

5. A list of all current Commission permits and licenses affiliated with the facility.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-7-07, Amended 8-23-10, 12-27-18,                             .

 

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) through (2) No change.

(3) Eradication and Control:

(a) Applicants for permits to possess Prohibited species for eradication and control purposes in accordance with this section shall submit a completed Conditional/Prohibited/Nonnative Species Permit application form FWC WIM 07 (12/2003/22) available at https://www.flrules.org/Gateway/reference.asp?No=Ref-12807 https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX 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.

(b) through (e) No change.

(4) No change.

(5) Personal Possession of Prohibited Species:

(a) Eligibility:

1. through 2. No change.

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 may be acquired. If the animal remains alive following the death, disability, or dissolution of the licensee, the animal may be legally transferred to another entity holding a permit authorizing possession of the same species for the remainder of the life of the animal a or beneficiary may be issued a permit to allow for personal possession of the specimen for the remainder of the life of the animal per permitting standards in Rule 68-1.010 F.A.C. Applicants who are the surviving spouse or beneficiary shall submit within 90 days of the transfer of the animal 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.

4. No change.

(b) through (c) No change.

(6) No change.

(7) Caging and Biosecurity:

(a) No change.

(b) Captive Prohibited terrestrial species shall be maintained in facilities in cages or other confinement facilities that prevent escape and public contact, except that 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) through (g) No change.

(8) through (13) 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, Amended 4-29-21,                             .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Melissa Tucker, Director, Division of Habitat and Species Conservation.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 02, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 3, 2022