The purpose of the proposed amendments is to update language in the application process to reflect change to an online system. Other amendments would provide non-substantive technical changes, such as grammatical corrections, ....

 

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 change to an online system. Other amendments would provide non-substantive technical changes, such as grammatical corrections, language standardization, or clarification of an existing rule. These amendments will have the effect of clarifying the application process.

SUMMARY: The proposed rule will update language in the application process to reflect change to an online system and provide other non-substantive technical changes.

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: Article IV, Section 9, Florida Constitution

LAW IMPLEMENTED: Article IV, Section 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)-(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) The applicant’s legal name, date of birth, and contact information to include personal phone number, business phone number, and email address, if any.

(b) The complete mailing address to include city, state, and zip code for the applicant.

(c) The complete facility address where the wildlife is located to include city, state, and zip code.

(d) The jurisdiction, classification of permits, and type of documents possessed by the applicant if applicant is required by any state, U.S. Territory, Native American Tribe, or foreign government to obtain approval to conduct the proposed activity.

(e) The applicant’s acknowledgement that the information provided in the application is true, accurate, and complete.

(4)(3) Examination and classifications:

Written exams are given at each FWC regional office. The applicant must contact the regional office nearest his or her location to schedule a date and time to take the exam. At the time of exam, the applicant must submit the completed Application for Falconry Permit, FWCDLE_630IV (01/13), which is adopted and incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-02478. The applicant will be notified in writing of his or her exam results. An applicant who scores at least 80 percent on the exam and meets the requirements will be classified as follows:

(a)-(c) No change.

(5)(4) Permit conditions:

(a)-(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.

(5)-(9) renumbered (6)-(10) No change.

(11)(10) Marking:

(a)-(c) No change.

(d) For bands that cause problems or exceptions to the above requirements, a request for 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.com.

(12)(11) Capturing, releasing, and transporting raptors:

(a) Capturing:

1.-4. No change

5. A raptor wearing falconry equipment or otherwise identifiable as a falconry bird may be retrapped at any time.

a.-d. No change.

e. A captured raptor marked with a research band or marking, or a transmitter must be reported to the Federal Bird Banding Laboratory at [phone] or http://www.reportband.gov.

6.-11. 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.-15. No change.

(b) Releasing:

1.-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)(12) Transferring raptors:

(a)-(c) No change.

(d) Transfer of falconry birds for propagation purposes:

1. A wild falconry bird may be transferred to a raptor propagation permit after the bird has been used in falconry for at least 2 years and 1 year for a sharp-shinned hawk (Accipiter striatus), Cooper’s hawk (Accipiter cooperii), merlin (Falco columbarius), or American kestrel (F.s. sparverius) or less than one year if the bird has been injured and has been determined by a veterinarian or rehabilitator that it can no longer be flown in falconry. The transfer must be reported to the Service pursuant to paragraph (14)(13)(a) of this rule. Both parties must report the transfer/acquisition. If the bird is transferred due to injury, a copy of the certification of injury from a veterinarian or a rehabilitator must also be provided.

2.-3. No change.

(14)(13) Reporting and Record Keeping:

(a) Any acquisition, transfer, release, rebanding, microchipping, escape, death or theft must be reported by the permittee within 10 days by entering the required information through in the electronic database at http://epermits.fws.gov/falcp  http://permits.fws.gov/186A or under special circumstances by submitting the Service’s Migratory Bird Acquisition And Disposition Report, 3-186A (rev. 1/2020 9/2010), which is adopted and incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. The paper form may be submitted to FWC, Division of Law Enforcement, 620 South Meridian St., Tallahassee, FL 32399-1600. FWC will promptly enter the data on the paper form into the Service’s 3-186A system.

(b) A lost or removed band must be reported to the Service within 5 days, and upon rebanding the raptor, the required information must be reported to the Service immediately persuant to paragraph (14)(13)(a) of this rule.

(c)-(d) No change.

(15)(14) Miscellaneous rules for Falconry:

(a) Feathers and disposition of carcasses of falconry birds that die:

1. No change.

2. Carcasses of Golden eagles (Aquila chrysaetos) and all parts thereof, must be sent to U.S. Fish and Wildlife Service, National Eagle Repository, Rocky Mountain Arsenal, 6550 Gateway Road, Building 128, Commerce City, Colorado 80022.

3.-4. No change.

(b)-(k) 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,           .

 

BE ADVISED THAT THESE PROPOSED RULES MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE FOLLOWING THE COMMISSION MEETING AT WHICH THEY ARE CONSIDERED IF THE RULES ARE NOT CHANGED.  IF CHANGED, THE RULES MAY BE FILED AS SOON AS POSSIBLE AFTER PUBLICATION OF A NOTICE OF CHANGE IN THE F.A.R.

 

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 3, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 15, 2022