Current through Reg. 50, No. 187; September 24, 2024
(1) No entity shall
establish, maintain, or operate a commercial or private hunting preserve to
allow the release, sale and/or taking of captive-raised native and non-native
game animals, as specified herein, unless licensed pursuant to Section
379.3712, F.S. No commercial or
private hunting preserve license shall be issued until the premises of such
preserve has been inspected by a representative of the Commission and the
requirements of this rule have been met. Licensees must ensure all captive
wildlife contained on the licensed property is lawfully removed or transferred
prior to dissolution of the preserve. Any person selling game animals from a
hunt preserve shall comply with Rule
68A-12.011, F.A.C. In addition,
any person selling or conducting intrastate transfer of deer, elk, or other
members of the family Cervidae shall comply with Rule
68A-4.0051, F.A.C., regarding
transportation and record keeping requirements.
(2) Definitions: For the purposes of this
rule, the following shall be defined as:
(a)
Commercial hunting preserve - a preserve operated exclusively for commercial
purposes, which is open to the public, for which a uniform fee is charged to
patrons for hunting privileges. Hunters taking any game on a licensed
commercial hunting preserve shall be exempt from licensure requirements,
pursuant to Section 379.3712(2),
F.S.
(b) Employee - any person
working under a permit or license holder or at a licensed or permitted
facility, whether paid or unpaid.
(c) Herbaceous vegetation - predominantly
grasses, grass-like plants, or forbs capable of being grazed.
(d) Nest box or den - an enclosed shelter
that provides a retreat area within, attached to, or adjacent to a cage or
enclosure of specified size, which shall provide protection from the elements
and from extremes in temperature that are detrimental to the health and welfare
of the animal.
(e) Paddocks -
open-air areas enclosed by fencing, railing or other Commission-approved
structures which allows animals to graze and/or browse.
(f) Predator barrier - supplemental materials
added to the exterior of approved fencing to prevent entry of predators.
Barrier may include but is not limited to, buried fence wire, electrified fence
wire, gravel, rocks, concrete, or other natural/manmade materials.
(g) Private hunting preserve - a preserve
operated for both commercial and private purposes. Anyone hunting on the
preserve shall have all appropriate hunting licenses and any applicable
endorsements, as provided in Section
379.354, F.S.
(h) Preserve - refers to both commercial
hunting preserves and private hunting preserves.
(i) Refusal - when a licensee, applicant or
employee intentionally denies access by Commission personnel to the facility,
inventory or facility's records for the purposes of inspection, or directs
another to deny such access.
(j)
Tame game mammal - does not exhibit the flight characteristics or normal
behavioral characteristics for the species when found in the wild.
(k) Tolling - to lead animals outside of an
enclosure using a trail of bait.
(l) Woody vegetation - Perennial trees,
shrubs, or woody vines that persists above ground all year
long.
(3) General
qualifications: Licensees or applicants for a commercial or private preserve
license shall:
(a) Be at least 18 years of
age, if applying for authorization to possess game mammals classified as Class
I or Class II wildlife per Rule
68A-6.002, F.A.C.
(b) Make reasonable efforts to flush all wild
native game species out of the intended preserve area prior to completion of
the perimeter fence. Reasonable efforts shall include but not be limited to
tolling, baiting and driving.
(c)
Not have refused any captive wildlife inspection within three years of the date
of application. Any preserve licenses issued to a person who refuses any such
inspection shall be revoked.
(d)
Not have been convicted of any violation of game farm, hunt preserve, or
captive wildlife regulations involving unsafe housing of wildlife or any
violation which potentially endangers the public; any violation involving the
unlawful commercialization of wildlife; any violation involving cruelty,
maltreatment or neglect to animals; or any violation involving importation of
wildlife within three years of the date of application.
(e) Meet the experience requirements for
Class I Bovidae authorization and submit required documentation, as outlined in
Rule 68A-6.004, F.A.C., if seeking
authorization to possess such Class I wildlife. However, experience
requirements shall not apply to applicants for permits to possess Class II
Bovidae if licensed under Sections
379.3711 and
379.3712, F.S. Experience gained
with Class II Bovidae, while exempt from experience requirements pursuant to
this paragraph, shall not satisfy the requirements of Rule
68A-6.004, F.A.C., unless the
applicant has possessed and/or managed the wildlife for a minimum of 5
consecutive years.
(f) Obtain a
Herd Health Plan from the Department of Agriculture and Consumer Services if
the facility possesses species in the family Cervidae. Such Herd Health Plan
shall be obtained within 180 days of initial licensing by the Commission.
Failure to obtain and maintain a current and valid Herd Health Plan shall
result in denial or revocation of any hunt preserve license with authorizations
for species in the family Cervidae issued by the
Commission.
(4) License
application requirements: An applicant shall make application to the Commission
by submitting the online application through
http://www.GoOutdoorsFlorida.com.
The applicant for a preserve license 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) To be permitted as a business, in
addition to paragraph (a), the applicant shall provide the name of the business
and the business shall be currently registered through the Florida Department
of State, Division of Corporations.
(c) The complete mailing address to include
city, state and zip code for the applicant/business.
(d) The complete facility address where the
preserve is located to include city, state, parcel number and zip code. If the
address is a rural route, the applicant shall provide directions to the
entrance of the preserve.
(e)
Whether the facility is owned or leased by the applicant. A copy of the valid
and current lease agreement shall be submitted with the application in the
event that the facility location is under lease to the applicant. If leased,
the lease agreement shall be for a term sufficient to cover the term of the
license. Applicants under 18 years of age must have a parent or legal guardian
as a co-licensee who shall provide such lease if applicable.
(f) The county or counties where the preserve
is located and the size (in acres) of the area to be fenced and utilized for
the preserve.
(g) The current
estimated inventory of game possessed, identified by species and quantity. If
no inventory of game is currently possessed, then the planned inventory shall
be provided, identified by species.
(h) The applicant's driver's license
number/ID number and a copy of the applicant's valid government-issued photo
ID.
(i) Indication of whether the
preserve is operated for private or commercial purposes.
(j) Indication of whether the application is
for a commercial hunting preserve license or private hunting preserve
license.
(k) Emergency contact
information including name and phone number for an individual who is not the
licensee or applicant.
(l) Renewal
applications shall include the number and species of any animals introduced and
removed during the previous licensing period.
(m) The applicant's acknowledgement that the
information provided in the application is true, accurate, and
complete.
(5) Any
corporation authorized to do business in Florida may apply for preserve
license.
(a) For corporations authorized to
possess Class I Bovidae, such corporation shall have qualified personnel
responsible for the care of such wildlife. The corporation shall provide
documentation of experience for at least one person in accordance with Rule
68A-6.004, F.A.C. Such
documentation of experience shall be submitted to the Commission and shall be
subject to approval upon initial application and upon each instance of change
in qualified personnel.
(b) Such
corporation shall be responsible for any violation(s) committed by their
employees or occurring at their facility.
(6) A preserve shall be owned or leased by
the applicant. For the hunting of game mammals, the land shall be located
wholly within a legally fenced tract. The boundaries of all preserves shall be
posted with signs bearing the words "Licensed Hunting Preserve" which shall be
placed at intervals of not more than 500 feet and be easily visible from any
point of ingress or egress. Lettering on such signs shall be no less than 2
inches in height. No preserve shall be located within one mile of any wildlife
management area, refuge or park established by state or federal law or
regulation unless:
(a) The owner or manager of
the affected refuge or park has been notified of the application for operation
of a commercial or private hunting reserve and has been given the opportunity
to submit comments or recommendations regarding the application;
(b) The operation of such preserve does not
conflict with the management objectives of the affected wildlife management
area, refuge or park as determined by the Commission;
(c) The proposed preserve poses no
significant adverse impacts to wildlife or public safety on the affected
wildlife management area, refuge or park as determined by the
Commission.
(7) All laws,
rules, or regulations pertaining to hunting or pertaining to game shall apply
on all preserves except as follows:
(a) The
taking of carnivorous animals is prohibited on preserves, except licensees and
employees may take nuisance wildlife as provided in Rule
68A-9.010, F.A.C. Only game
mammals of the following families: Cervidae (such as deer and elk), Suidae
(hog), Bovidae (such as buffalo and antelope), as well as game mammals native
to Florida and game birds shall be taken on preserves.
(b) Game mammals shall not be taken on
preserves while boxed or caged and shall be taken only in accordance with the
conditions and methods outlined in subsection (8), below.
(c) Open season for taking captive-reared
native game birds shall be from October 1 through April 20. The open season for
taking native game mammals, except white-tailed deer, shall coincide with the
established open season for the species in the zone wherein the preserve is
located. White-tailed deer of either sex may be taken from August 1 through
March 1. Non-native game mammals and non-native game birds may be taken
year-round on licensed preserves. The method of take for all game shall be as
specified by Rule 68A-12.002, F.A.C.
(d) Game mammals shall not be taken within 50
yards of a supplemental feeding station by any person other than the licensee
or their employees.
(e) Commission
rules prohibiting the taking of game birds over live decoys or bait shall not
apply when properly identified captive-reared game birds are being
taken.
(f) There shall be no bag
limit for captive-reared game taken on preserves.
(g) Game may be trapped on the premises of a
preserve for the purposes of veterinary care or sale, provided that any native
game unintentionally trapped in such operation shall be immediately
released.
(8) Facility
requirements:
(a) Cervidae (deer family) shall
be free-roaming on not less than 200 acres, with a minimum of 100 acres covered
with woody vegetation. For each additional acre over the initial 200 acres, 10%
of the additional acreage shall be covered with woody vegetation. Up to 20% of
acreage can include land that formerly had woody vegetation, which will be
naturally or artificially regenerated within two years of harvest. The hunting
of Cervidae with dogs is prohibited; however, a leashed dog shall be allowed
for trailing. The preserve shall be completely enclosed with a perimeter fence
which meets the following criteria:
1. Fence
construction materials shall consist of not less than 12.5-gauge high-tensile
class III galvanized steel wire with fixed knots or strength-equivalent
material, and shall be attached to posts at no less than 5 equidistant
locations with clips, staples, ties or other means used to connect fencing to
posts that are a minimum of 14.5 gauge or strength equivalent
material.
2. Fence shall be no less
than 8 feet in height unless specified elsewhere. Fences may be installed up to
3 inches above the ground, provided that a strand of high-tensile barbed wire
not less than 15.5 gauge is strung across the bottom. In addition, 1 strand of
high-tensile barbed wire not less than 15.5 gauge may be strung no greater than
6 inches above the fence panel in order to achieve the 8-foot height
requirements. Licensees shall maintain minimum fence height by leveling built
up earthen material which has migrated to the base of the fence due to natural
causes.
3. Fence(s) shall be
constructed of single panels of fencing material. Such fencing material shall
be attached to singular construction posts no greater than 25 feet apart in a
manner that ensures the fence maintains an above ground 8-foot vertical height,
unless specified elsewhere, so as to prevent escape. The posts will be securely
anchored and braced in corners and elsewhere as necessary to keep fence
properly stretched and erect.
4.
Fencing material shall have no greater than 7 inches between manufactured knots
and be free of broken wires or gaps.
(b) Bovidae (such as buffalo and antelope)
shall be free-roaming on not less than 300 acres, with a minimum of 200 acres
covered with herbaceous vegetation, except blackbuck which shall be free
roaming on not less than 200 acres, with a minimum of 100 acres covered with
herbaceous vegetation. For each additional acre over the initial 300/200 acres,
10% of the additional acreage shall be covered with herbaceous vegetation. The
hunting of Bovidae with dogs is prohibited; however, a leashed dog shall be
allowed for trailing. The preserve shall be completely enclosed with a
perimeter fence which meets the requirements of subparagraphs
68A-12.010(8)(a)
1.-4., above. Fencing for Class I Bovidae shall meet the requirements of
subsection 68A-6.011(3),
F.A.C.
(c) Suidae (hog) shall be
free-roaming on not less than 100 acres, with a minimum of 50 acres covered
with woody vegetation. For hunting hogs with dogs the area shall be a minimum
of 300 acres, with 200 acres covered with woody vegetation. For each additional
acre over the initial 100 acres, 10% of the additional acreage shall be covered
with woody vegetation. Up to 20% of acreage can include land that formerly had
woody vegetation, which will be naturally or artificially regenerated within
two years of harvest. The preserve shall be completely enclosed with a
perimeter fence that meets the following criteria:
1. Fence construction materials shall consist
of not less than 12.5-gauge high-tensile class III galvanized steel wire with
fixed knots or strength-equivalent material, and shall be attached to posts at
no less than 3 equidistant locations with clips, staples, ties or other means
used to connect fencing to posts that are a minimum of 14.5 gauge or strength
equivalent material.
2. Fence shall
be no less than 4 feet in height.
3. Fence(s) shall be constructed of single
panels of fencing material. Such fencing material shall be attached to singular
construction posts in a manner that ensures the fence maintains a 4-foot
vertical height and prevents escape. The posts will be securely anchored and
braced in corners and elsewhere to keep fence properly stretched and
erect.
4. Fencing material shall
have no greater than 7 inches between manufactured knots and be free of broken
wires or gaps.
(d) Hunt
preserves with licenses which are current on November 22, 2018 will have two
years from November 22, 2018 to come into compliance with the above fencing
requirement unless they meet the limited exception conditions below. Hunt
preserves with licenses which are current on November 22, 2018 that meet the
specifications below do not need to update their fencing except for new
construction or with replacement of over 250 feet of existing fencing.
1. Existing fence is a minimum of 14.5 gauge
steel wire or strength-equivalent material.
2. Fence shall be no less than 8 feet in
height. One strand of barbed wire not less than 15.5 gauge may be strung no
greater than 6 inches above the fence panel in order to achieve the 8-foot
height requirement.
3. Fencing
material is attached to singular construction posts no greater than 25 feet
apart in a manner that ensures the fence maintains an above ground 8-foot
vertical height, unless specified differently elsewhere, so as to prevent
escape. The posts shall be securely anchored and braced at corners and
elsewhere as necessary to keep fence properly stretched and erect.
4. Fencing material shall have no greater
than 8 inches between manufactured knots and be free of broken wires or
gaps.
5. Facilities with hunt
preserve licenses current on November 22, 2018 which have fencing that is not
constructed of single panels of steel wire mesh shall not be required to
replace existing panels with single panels, provided that the existing fencing
meets the following specifications:
a. Panels
are a minimum of 14.5 gauge wire or strength-equivalent material.
b. Posts are securely anchored and braced at
corners and elsewhere as necessary to keep fence properly stretched and erect
so as to prevent any gaps greater than 8 inches between the panels.
c. Panels are connected with
strength-equivalent material or greater at intervals that prevent gaps that
could allow captive game mammals to escape.
(e) The minimum acreage provisions of
paragraphs (8)(a)-(c) and the yardage requirement in paragraph (7)(d), shall
not apply to those operations licensed prior to July 1, 1996.
(f) Predator barriers, if utilized, shall not
disrupt the integrity of the approved fence material. Mounding type predator
barriers shall not extend outward from the base of the perimeter fence more
than 28 inches and not higher than 20 inches from the ground. Predator barriers
shall not provide increased accessibility for non-predator species into fenced
enclosure.
(9) Game
mammals may be kept in small enclosures only for the purpose of veterinary care
or transportation and shall not be hunted on the same day of release or
transport into a licensed preserve.
(10) The hunting of game mammals that were
produced, raised, or held at a zoological attraction, tame game mammals, or
domesticated species is prohibited.
(11) Motorized vehicles shall not be used to
drive game mammals during any hunting activity, nor shall game mammals be taken
from moving motorized vehicles.
(12) All captive-reared turkeys to be taken
on preserves shall be banded to identify point of origin.
(13) No captive-reared waterfowl shall be
released or hunted on preserves.
(14) No wild turkeys nor wild waterfowl shall
be taken over baited-areas, nor during the closed season prescribed by the
Commission for the region in which the preserve is located.
(15) Preserves shall be equipped and operated
in such manner as to provide sufficient food and humane treatment for the game
kept thereupon. A continuous source or supply of clean water shall be readily
available at all times for all game. The premises, pens, and facilities of all
preserves shall be maintained in a sanitary condition. Injured or wounded
mammals shall be immediately euthanized, transported to a veterinarian for
treatment, or treated by the licensee.
(16) Operators importing game mammals and/or
game birds from other states or countries shall maintain copies of all
importation permits and health records as required by the Florida Department of
Agriculture and Consumer Services and the United States Department of
Agriculture. Such records shall be made available for inspection upon request
of any Commission employee.
(17)
Prior to being transported from a preserve, all game carcasses, or portions or
parts of game taken on the preserve, shall be properly identified with a tag or
label with the name of the preserve licensee, the name of the preserve, and the
date such game was taken and date the game is being transported from the
preserve. When transporting game where individual marking is not practical, the
container being used to transport such game shall be tagged or labeled as
specified in this subsection.
(18)
Each preserve shall maintain a registration book in which the name, address,
hunting license number (or nature of the exemption), date of hunt, quantity and
species of game taken by each person hunting on the preserve is recorded. All
records and the physical facilities and installations of any preserve shall be
open to inspection upon request by the Commission. Such records shall be made
available for inspection upon request of any Commission employee.
(19) A current list of employees authorized
by the licensee to euthanize game shall be maintained by the licensee and made
available for inspection upon request by Commission personnel.
(20) Each preserve shall create and maintain
an annual report of all game released, sold or taken on the preserve for each
license year. The report shall be in chronological order and shall be made
available for inspection by Commission personnel upon request. Records must be
provided at the request of the Commission.
(21) Licensed facilities shall report any
escapes from the perimeter fencing or the approved facility location. Licensed
facilities shall report any escapes from an enclosure, cage, or other
constraint when wildlife is away from such approved facility location. Such
reporting shall be made to the Florida Fish and Wildlife Conservation
Commission, Division of Law Enforcement, immediately upon discovery of the
escape.
(22) Captive white-tailed
deer may be possessed, sold or transferred for food or consumptive purposes
when the preserve is dissolving. Preserves under dissolution selling
white-tailed deer for venison shall:
1. Be
transported live to a licensed processing facility for immediate processing for
consumption.
a. A copy of the current and
valid hunting preserve license where such game was produced shall accompany the
live game in transport to the processing facility.
b. The transporter of such game shall be
licensed or otherwise authorized by the Commission to possess such
game.
c. Notify the Commission at
least 48 hours prior to transfer of live deer.
d. Preserves shall also comply with all
statutes or regulations relating to food safety, quality control, inspections,
transportation, sale and regulation of foodstuffs and meat
products.
2. White-tailed
deer meat (venison) shall only be sold when packaged in a tamper-proof
container clearly marked with a label stating, "WHITE-TAILED DEER VENISON,
PRODUCED ON A FLORIDA LICENSED HUNTING PRESERVE". Additionally, each container
shall be clearly marked to indicate the name, date, complete address, and
license identification number of the preserve producing such venison and the
identification number and name of the licensed processing facility.
3. Not have been chemically immobilized or
otherwise provided any drugs within 30 days of transfer to a processing
facility.
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, 7-1-83, Formerly
39-12.10, Amended 8-5-86, 4-11-90, 4-15-92, 10-20-96, 6-23-99, Formerly
39-12.010, Amended 5-29-01, 11-3-02, 7-1-05, 11-22-18, 12-3-20, 7-4-21, 7-1-22,
8-2-22, 7-17-23.
