Summary
The Federal Migratory Bird Treaty Act and associated state rule (68A-16.001, F.A.C) prohibits the capture, possession, sale, purchase, and transportation of native birds in Florida. Despite these protections, illegal trapping of native birds has long been a concern in the state, particularly in south Florida, where trapping is thought to be widespread. Although it is illegal to capture, possess, or sell native birds under existing state rule, there currently are no regulations on the use, placement, possession, or transport of bird traps. This complicates the ability of Law Enforcement to enforce existing protections, because officers cannot make a case unless they witness birds in the trap or persons with a bird in their possession. To support the ability of Law Enforcement officers to enforce existing protections, staff recommend establishing regulations regarding the use, placement, possession, and transport of bird traps. The proposed rule language includes exceptions, such as for persons possessing a federal permit or falconry permit and those engaged in activities authorized under Rules 68A-9.010, (Taking of Nuisance Wildlife), 68A-9.012, (Taking of Wildlife on Airport Property) or 68A-12 F.A.C. (Rules Related to Game).