The purpose of the proposed amendments is to update language in the application process to reflect the completed transition to an online system. Other amendments would clarify the reporting method for specific falconry actions ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-9.005Falconry

PURPOSE AND EFFECT: The purpose of the proposed amendments is to update language in the application process to reflect the completed transition to an online system. Other amendments would clarify the reporting method for specific falconry actions not available in the online permitting system. These amendments will have the effect of clarifying the application process.

SUMMARY: The proposed rule will update language in the application process to reflect the transition to an online system and clarify the method for reporting specific falconry actions not available in the online permitting system.

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 nature of the rule and the preliminary analysis conducted to determine whether a SERC was required.

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: Art. IV, Sec. 9, Florida Constitution

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

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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: Major Grant Burton, 620 South Meridian Street, Tallahassee, FL 32399

 

THE FULL TEXT OF THE PROPOSED RULE IS:

68A-9.005 Falconry.

(1) through (2) No change.

(3) Permit application requirements: An applicant shall make application to the Commission using the provided application available on http://www.myFWC.com or by submitting the online application through http://www.GoOutdoorsFlorida.com. The applicant for a permit to possess any raptor for falconry purposes shall provide the following information:

(a) through (e) No change.

(4) No change.

(5) Permit conditions:

(a) through (b) No change.

(c) Permittee must notify the FWC, Division of Law Enforcement, 620 South Meridian Street, Tallahassee, FL 32399-1600, in writing or online through http://www.GoOutdoorsFlorida.com within five business days if the location of permittee’s raptor resident facility is changed.

(6) through (10) No change.

(11) Marking:

(a) through (c) No change.

(d) For bands that cause problems or exceptions to the above requirements, a request for deviation variance from rule may be made in writing to FWC Division of Law Enforcement, 620 South Meridian Street, Tallahassee, FL 32399-1600 or online through http://www.GoOutdoorsFlorida.gov.

(12) Capturing, releasing, and transporting raptors:

(a) Capturing:

1.through11. No change.

12. A resident of a state other than Florida who holds a valid falconry permit in their state of residence may take raptors in Florida, and possess and transport raptors so taken, under authority of a permit issued by the executive director. A request for raptor take permits from nonresidents shall include a copy of the applicant’s falconry permit; a list of the species, number, and age of raptors proposed to be taken; a list of all other raptors held under the applicant’s falconry permit; and a description of the general area where raptors are proposed to be taken. Permit issuance will be based on consideration of the population status of the species requested; whether or not the species requested is listed by FWC or the Service as threatened, endangered, or of special concern; the number of raptors to be taken; and the permit class of the applicant. Applicants for nonresident raptor take permits shall adhere to the restrictions on take and possession limits for Florida residents as provided in this rule section, and shall submit to FWC, Division of Law Enforcement, 620 South Meridian Street, Tallahassee, FL 32399-1600, or online through http://www.GoOutdoorsFlorida.com, a list of all raptors taken and the location(s) where they were captured within 10 days of take.

13. through 15. No change.

(b) Releasing:

1.through 2. No change.

3. A captive-bred raptor may only be released if the species is native to Florida and if the permittee is given permission by the Executive Director. The permittee must make the request in writing to FWC, Division of Law Enforcement, 620 South Meridian Street, Tallahassee, FL 32399-1600 or online through http://www.GoOutdoorsFlorida.com. If permitted to release the raptor, the permittee must hack the bird to the wild at an appropriate time of year at an appropriate location. This release must be reported to the Service and FWC within 10 business days.

4. No change.

(c) No change.

(13) through (15) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-21-82, 7-1-84, Formerly 39-9.05, Amended 4-14-92, 7-1-94, Formerly 39-9.005, Amended 1-19-10, 1-1-14, 8-23-22,           .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Colonel Roger Young

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 10, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 8, 2023