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. 48 No. 63, March 31, 2022 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) 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 (03/22) available at 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 or a spouse 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 Prohibited reptile species used for mobile exhibition 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.

(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,                             .