Current through Reg. 50, No. 187; September 24, 2024
(1) The
possession for sale or the purchase or sale of birds, game mammals or the
carcass or any part thereof whether produced in this state or transported from
any other state or country is unlawful except as authorized herein.
(2) Game legally taken may be stored in
public cold storage, refrigerators, ice houses or ice boxes when packaged or
labeled and clearly marked with the owner's name and, if a license is required,
license number or FWC-issued customer number.
(a) Any deer, or portions or parts thereof,
subject to the provisions of paragraph
68A-12.003(2)(c),
F.A.C., shall also have the Commission's harvest reporting system confirmation
number recorded on the label, and any deer, or portions or parts thereof,
legally taken out-of-state shall also have the telephone number of the person
taking or acquiring such deer and the state of harvest recorded on the label.
Such labeling shall remain on the deer, or portions or parts thereof, until
final processing or until stored at the domicile of its possessor. As an
alternative to labeling, the owner of any public cold storage, refrigerators,
ice houses or ice boxes may use a log book and numbering or other tracking
system. The log book shall contain the same information required of the
aforementioned label. The log book shall be kept on the premises for inspection
by Law Enforcement Officers of the Commission.
(b) The owner, operator, or lessee of public
cold storage, refrigerators, ice houses or ice boxes or a taxidermy or
processing facility are not subject to possession limits described in Chapter
68A-13, F.A.C. for any game legally taken by another and stored in their
facility.
(3) Lawfully
taken game may be prepared and served at any public eating place to persons who
have killed such game and are in possession of a valid hunting license, if
license is required.
(4) Game
produced on a licensed game farm may be sold and transported in the state at
any time for any lawful purpose as herein provided.
(5) Game not native to the state, except
those designated in subsections (6), (7), (10) and (12) of this rule, when
lawfully acquired may be sold or transported in the state and said game may be
served in restaurants or any other public eating places.
(6) Quail or any other bird that might be
mistaken for quail when dressed for the market may not be sold except as
provided in Rule 68A-12.006, F.A.C.
(7) The sale of deer (venison) is prohibited
except:
(a) Live deer may be sold by licensed
game farms and hunt preserves and transported alive as provided for in Rules
68A-12.010 and
68A-12.011, F.A.C.
(b) Deer (venison) from species of deer not
native to the state may be sold. Non-native deer (venison) may be sold uncooked
to the public provided:
1. Non-native deer
(venison) may only be sold uncooked when packaged in a tamper-proof container
with a label stating "NON-NATIVE VENISON (species identified)." The label shall
identify the species of deer contained in the container.
2. No person shall possess any venison for
commercial consumptive purposes without being in possession of documentation
that the venison is from non-native species produced on a licensed game farm or
hunting preserve or otherwise legally acquired.
(c) This section shall not supersede any
rules of any state or Federal agency or any laws regarding quality control,
inspections, transportation, sale or regulation of foodstuff and meat
products.
(d) As provided for in
Rules 68A-12.010 and
68A-12.011,
F.A.C.
(8) The foregoing
shall not prohibit the sale or purchase of articles manufactured from the
heads, antlers, horns, hides, teeth and feet of lawfully taken game mammals,
except black bear.
(9) When
lawfully taken, the feathers or skins of non-protected or resident game birds
or the skins of deer, squirrels or rabbits may be sold.
(10) The transportation or possession of a
carcass, skull or untanned skin of any cougar is prohibited unless the cougar
was legally taken or acquired and the carcass, skull or untanned skin of that
cougar has attached thereto a tag bearing the name and address of the
possessor, and the date when and specific place where the cougar was taken or
acquired. In addition the possessor of the carcass, skull or untanned skin
shall have in his possession documentation that the cougar was legally taken,
acquired or exported from the state or country of origin.
(11) Taxidermy operations and mounting
requirements:
(a) Any person engaged in
taxidermy shall label all carcasses (whole specimens), untanned hides, and
uncured animal parts of fish and wildlife, possessed or received with the name
of the person taking or acquiring such fish or wildlife, the person's address,
and date taken or acquired. In addition, any deer subject to the provisions of
paragraph 68A-12.003(2)(c),
F.A.C., shall have the Commission's harvest reporting system confirmation
number recorded on the label, and any deer, or portions or parts thereof,
legally taken out-of-state shall have the telephone number of the person taking
or acquiring such deer and the state of harvest recorded on the label. As an
alternative to labeling, persons engaged in taxidermy may choose to use a log
book and numbering or tracking system. The log book shall contain the same
information required of the aforementioned label. The carcass, untanned hide,
or uncured animal part shall be assigned a number, which shall be affixed to
the specimen so as to be readily identifiable and traceable to the log book
information. The log book shall be kept on the taxidermist's premises for
inspection by Law Enforcement Officers of the Commission.
(b) After fish or wildlife carcasses, hides,
and parts have been cured or mounted, tagging or maintaining a log account is
required only for the following:
1. All
nongame migratory birds as listed in the Federal Migratory Bird Treaty Act and
as adopted by Rule 68A-16.001, F.A.C.
2. All species listed by the Commission as
Endangered or Threatened, and any Species of Special Concern for which there is
no bag limit or open season established by the Commission or other state
agency.
3. All furbearing animals
or non-game mammals for which there is no established open season.
4. All alligators not tagged with CITES
tags.
5. All fawn
deer.
(c) Persons engaged
in taxidermy shall not possess nor mount fish and wildlife carcasses listed in
subparagraphs 68A-12.004(11)(b)
1.-5., F.A.C., nor their parts (except for road-killed fox) without a permit
from the Commission, except as provided herein. The procedure for obtaining
permits for mounting shall be as follows:
1.
Persons wishing to possess or mount such specimens or have such services
performed, shall make application to the Commission online through
http://www.GoOutdoorsFlorida.com
for such permit.
2. A printed and
dated copy of the application shall be kept with the specimen, or the specimen
shall be numbered and traceable to the printed copy of the application kept in
a log book.
3. The application
shall include a description of the specimen, an explanation of how the specimen
was acquired, and the date of application.
4. The specimen shall not be maintained for
over 90 days without a permit from the Commission.
5. Specimens for which permits are not issued
for mounting shall be buried, incinerated, or otherwise disposed of as directed
by Commission law enforcement personnel.
(d) The criteria for evaluation and issuance
of permits for the mounting of protected species as listed in subparagraphs
68A-12.004(11)(b)
1.-5., F.A.C., shall be as follows:
1. For
nongame migratory birds - Permits are issued only for educational display
purposes to schools, nonprofit educational institutions, museums, or facilities
operated by a municipal, county, state, or other public entity.
2. For listed species referenced in Rules
68A-27.003 and
68A-27.005, F.A.C. - Permits are
issued only in accordance with the requirements of Rules
68A-27.003,
68A-27.005 and
68A-27.007, F.A.C.
3. For furbearing wildlife or nongame mammals
- Permits are issued only when the specimen was legally acquired. No permit
shall be required for road-killed fox.
4. For alligators - Permits for the mounting
of untagged alligators are issued only for educational display purposes to
schools or nonprofit educational institutions, museums, or facilities operated
by a municipal, county, state, or other public entity.
5. For fawn deer - Permits for the mounting
of fawn deer for possession by private individuals or businesses are issued
only where the fawn was legally acquired or for educational display in schools,
nonprofit educational institutions, museums, or facilities operated by a
municipal, county, state, or other public entity.
(e) No permit shall be required for the
mounting of carcasses, green hides, or uncured parts of:
1. Frozen or preserved specimens of game
birds, game mammals, or furbearing animals that were legally taken during the
open season.
2. Specimens of game
mammals except black bear, game birds, fox squirrel, otter, bobcat or mink that
were killed on roads or highways.
(12) The sale or purchase of any bear carcass
or any part thereof is prohibited. The sale or purchase of any taxidermal
specimen of a black bear is prohibited. The sale or purchase of a taxidermal
specimen of any other species of bear is prohibited unless it was legally taken
or acquired and has attached thereto a tag bearing the name and address of the
possessor and the date when and the specific place where it was taken or
acquired. In addition the possessor of any taxidermal speciman of any bear
shall have in his possession documentation that the specimen was legally taken,
acquired, or exported from the state or country of origin. The possession or
transportation of any carcass or untanned skin of any bear is prohibited unless
it was legally taken or acquired and has attached thereto a Commission bear tag
or a tag bearing the name and address of the possessor, the species, and the
date when and specific place where it was taken or acquired. In addition the
possessor of the carcass or untanned skin shall have in his possession
documentation that it was legally taken, acquired or exported from the state or
country of origin.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
Implemented Art. IV, Sec. 9, Fla.
Const.
New 8-1-79, Amended 6-4-81, 6-21-82, 7-5-84, Formerly
39-12.04, Amended 5-10-87, 6-8-87, 4-20-94, 8-7-97, Formerly 39-12.004, Amended
7-29-15, 1-11-17, 7-1-19, 7-4-21, 7-1-22, 8-2-22,
7-17-23.
