Current through Reg. 50, No. 187; September 24, 2024
(1) No person may
establish, maintain, or operate a game farm within this state for the
protection, propagation, raising or production of native or non-native game
birds defined per subsection
68A-1.004(37),
F.A.C., and game mammals of the following families: Cervidae (such as deer and
elk), Suidae (hog), Bovidae (such as buffalo and antelope) for private or
commercial purposes unless licensed pursuant to Sections
379.302 and
379.3711, F.S., and in
accordance with this chapter. Any person who is in possession of any Cervidae,
for any purpose, shall comply with Rule
68A-4.0051, F.A.C. Before a game
farm is established the owner or operator shall be licensed and comply with the
provisions of this rule.
(2)
Definitions: For the purposes of this section, the following shall be defined
as:
(a) Employee - any person working under a
licensee or at a licensed or permitted facility, whether paid or
unpaid.
(b) Full shade - shade
which lasts all day long and provides greater than or equal to 80% reduction in
sunlight.
(c) Shelter - A permanent
or portable man-made structure with one or more walls with a roof, or roof
without walls, or a natural structure (including but not limited to trees and
shrubs) that protects animals from negative environmental factors. Walls of
man-made shelters shall be constructed with gaps in the siding to allow for the
circulation of air and to allow animals within the shelter to see beyond the
walls.
(d) Original floor area -
The total square footage required for the initial number of animals
specified.
(e) Paddocks - open-air
areas enclosed by fencing, railing or other Commission-approved structures
which allow animals to graze and/or browse.
(f) Predator barrier - supplemental materials
added to the bottom and/or 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) 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.
(3) General qualifications: licensees or
applicants for a game farm 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) Not have refused a captive wildlife
inspection within three years preceding the date of application. Game Farm
Licenses issued to a person who refuses any such inspection shall be
revoked.
(c) 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 to animals; or
any violation involving importation of wildlife within three years of the date
of application.
(d) 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.
(e) Experience requirements shall not apply
to applicants for permits to possess Class II Bovidae in accordance with
Sections 379.3711 and
379.3712, F.S.
(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 game farm license with authorization 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.
An applicant for a game farm 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
game farm 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
location of the game farm.
(e)
Whether the facility is owned or leased by the applicant. A copy of the valid
and current lease agreement shall be submitted annually 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 game
farm is located and the size (in acres) of the area to be fenced and utilized
for the game farm.
(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) Emergency contact
information including name and phone number for an individual who is not the
licensee or applicant.
(j) 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 a game farm 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 fully responsible for any violation(s) committed by their
employees or occurring at their facility.
(6) Caging for game birds and mammals shall
meet the specifications below and shall be constructed and maintained in such a
manner as to prevent escape of captive game. Requests for deviations from
standard caging or enclosure requirements may be granted to allow for different
size configuration (length, width and height) if the required square footage is
adequate and if the locomotory needs of the animal(s) are not compromised. Any
proposed deviations from the standard caging or enclosure requirements or
proposals to use open air habitats except as provided herein, shall be approved
in writing by the Commission prior to the use of the cage or enclosure for
housing animals.
(7) Facility
requirements:
(a) Game farm boundaries shall
not exceed an area of 2, 000 acres and shall be owned or leased by the
applicant. No game farm shall join, connect to or share a common fence with
another game farm.
(b) Shelter
shall be provided to all game birds and mammals.
1. For game mammals, such shelter shall
provide no less than 10 square feet of full shade per animal, which is
continuously available and sufficient to cover the body mass of all animals in
any posture housed within any enclosure. Access to bodies of water for cooling
should be considered for those species which will utilize it. Shade can be
provided by different structures over the course of the day.
2. For game birds, such shelter shall provide
full shade which is continuously available and sufficient to cover the body
mass of all animals housed within any enclosure. Shade can be provided by
different structures over the course of the day.
(c) All game farms enclosures shall be fenced
in such a manner that game thereon cannot escape and wild game on surrounding
lands cannot enter. Perimeter fencing shall meet the following criteria:
1. Fencing for game mammals:
a. 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. For Class I Bovidae, construction materials shall meet the
requirements of subsection
68A-6.011(3),
F.A.C.
b. 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 requirement. 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.
c. 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 shall be
securely anchored and braced at corners and elsewhere as necessary to keep
fence properly stretched and erect.
d. Fencing material shall have no greater
than 7 inches between manufactured knots and be free of broken wires or
gaps.
e. Mounding type predator
barriers shall not extend outward from the base of the perimeter fence more
than 28 inches and not be higher than 20 inches from the ground. Predator
barriers shall not provide increased accessibility for non-predator species
into fenced enclosure.
2.
Game farms 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. Game farms
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.
a. Existing fence is a minimum of 14.5 gauge
steel wire or strength-equivalent material.
b. 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.
c. 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 the fence properly stretched and
erect.
d. Fencing material shall
have no greater than 8 inches between manufactured knots and be free of broken
wires or gaps.
e. Facilities with
game farm 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:
(I) Panels
are a minimum of 14.5 gauge wire or strength-equivalent material.
(II) Posts are securely anchored and braced
at corners and elsewhere as necessary to keep the fence properly stretched and
erect so as to prevent any gaps greater than 8 inches between the
panels.
(III) Panels are connected
with strength-equivalent material or greater at intervals that prevent gaps
that could allow captive game mammals to
escape.
(d) Minimum caging requirements for game
mammals:
1. Caging shall be designed and built
to prevent injury and escape.
2.
Nest boxes and dens shall be built to allow for accurate inventory.
3. Cervidae (deer family) and cursorial
Bovidae (antelope):
a. Large (e.g., elk,
sambar, red deer, sable antelope, eland, wildebeest, and deer and antelope of
similar size): For one or two animals, a paddock enclosing 1, 250 square feet,
8 feet high. For each additional animal, increase paddock by 25% of the
original footage, not to exceed 25 animals per acre.
b. Medium (e.g., white-tailed, fallow, axis,
sika, pronghorn, deer and antelope of similar size): For one or two animals, a
paddock enclosing 800 square feet, 8 feet high. For each additional animal,
increase paddock by 25 percent of the original footage, not to exceed 50
animals per acre.
c. Small (e.g.,
roe, dik-dik, muntjac, brocket, pudu, Chinese water deer, musk deer, deer and
antelope of similar size): For one or two animals, a paddock enclosing 450
square feet, 5 feet high. For each additional animal, increase paddock by 25%
of the original footage, not to exceed 75 animals per acre, except in
accordance with paragraph (9)(c) below.
4. Wild swine (Suidae) and peccaries: For one
or two animals, a paddock enclosing 200 square feet, 4 feet high. For each
additional animal, increase paddock by 25% of the original footage.
5. Wild goats/sheep (Caprinae): For one or
two animals, a paddock enclosing 500 square feet, 8 feet high. For each
additional animal, increase paddock by 25% of the original
footage.
(e) Enclosures
for game birds shall:
1. Be constructed of
materials sufficient to prevent escape or injury of birds.
2. Provide protection from
predators.
3. Provide adequate
space to allow the birds to have normal postural movements, stand erect and
turn around without touching the sides of the enclosure or other
wildlife.
(f) Game farms
are subject at any time to inspection by Commission personnel, for compliance
with Commission rules and other applicable laws. No game farm license shall be
issued for the possession of game until the premises of such game farm has been
inspected and approved by Commission personnel.
(g) A continuous source or supply of clean
water shall be readily available at all times for all game.
(8) Game birds or mammals may be temporarily
housed in cages or enclosures smaller than the sizes set forth in subsection
(7) above, only under the following circumstances:
(a) For transport, in accordance with the
requirements of subsection (9), below.
(b) Wildlife being held for sale by those
persons properly licensed pursuant to Section
379.3761 or
379.3711, F.S., or for
veterinary care, or quarantine may be temporarily housed or caged in smaller
cages or enclosures for a period not to exceed 60 days. With written
notification to the Commission, this period may be extended in circumstances
where a licensed veterinarian has certified that a longer holding period is
medically necessary in the interests of the health, safety and welfare of the
subject animals or the public. Medical records concerning all animals for which
an extension of the 60-day period is obtained shall be maintained at the
facility and shall be made available for inspection, upon request, by
Commission personnel. The caging or enclosure of all wildlife temporarily held
under this section shall not be smaller than that required for the caged animal
to stand up, lie down, and turn around without touching the sides of the
enclosure or another animal. All wildlife caged or housed as outlined above,
shall be permanently marked or their enclosures shall be permanently marked so
as to be traceable to written records indicating the date the wildlife was
placed in temporary holding. Such records shall be maintained and made
available for inspection by Commission personnel. Commission personnel shall
direct dealers to mark wildlife temporarily if, upon inspection, there is no
record indicating the date the wildlife was placed in temporary
holding.
(c) Juvenile individuals
of the families Caprinae, Suidae, Cervidae and Bovidae may be kept in
enclosures that do not meet the size specifications in paragraph (7)(d) until
the animal reaches six months of age. Duration may be extended with a
veterinarian's statement, showing that such size cage is required for the
continued health and welfare of the animals until a specified date. Such caging
may be utilized provided that:
1. Written
documentation is available to verify the age of the animal.
2. The animal is marked or otherwise
identifiable.
3. The animal shall
be provided space for exercise on a daily basis.
4. The enclosure shall allow normal postural
movement.
(d)
Hatchling/fledgling birds may be held in enclosures that allow for normal
postural movements and social adjustments that ensure the health and sanitary
needs of the animals.
(e) Cages or
enclosures for mobility-impaired animals shall meet standard caging
requirements, unless it can be demonstrated that such cage or enclosure, or its
required accessories, are detrimental to the health or welfare of the animal.
In such cases, written documentation by a veterinarian confirming the need for
the exemption shall be maintained by the permittee and made available to
Commission employees upon request.
(f) Animals held at exotic animal auctions,
flea markets, and animal swap meets may be kept in enclosures that do not meet
the size requirements of paragraph (7)(d), provided that such wildlife is
maintained in accordance with subparagraphs (8)(f)1.-7., below. The owner shall
be responsible for the welfare of the animals, unless the wildlife is consigned
to an auctioneer or other sales representative, at which time the consignee
shall be responsible.
1. Wildlife shall be
transported and held in non-injurious enclosures, under conditions that provide
fresh air without injurious drafts, and shall be provided protection from the
elements.
2. Wildlife shall be
protected from temperature extremes that could be detrimental to the health and
welfare of the animals.
3. A
continuous source or supply of clean water shall be readily available at all
times for all game.
4. Fecal and
food waste shall be removed from the wildlife's enclosures daily.
5. Wildlife held in the same enclosures shall
be kept in compatible groups.
6.
Wildlife cages/enclosures shall not be stacked over other cages/enclosures
unless excreta are prevented from entering lower cages/enclosures.
7. Sick or injured wildlife shall be afforded
prompt and appropriate treatment.
(9) Unless otherwise provided in this
section, no person or common carrier may purchase, receive, possess, or
transport any game originating from a game farm without a bill of sale or
transfer clearly indicating: the quantity and species of game; the name,
complete address and license identification number of the game farm producing
the game; the date of sale or transfer; and the name, complete address and,
where applicable, license identification number of the recipient. Any person
licensed pursuant to the provisions of this rule transporting game for personal
consumption, which was produced under the authorization of their license, may
transport game without a bill of sale or transfer, provided their valid Game
Farm License accompanies the shipment. Any package or container containing such
game shall be clearly marked as follows:
(a)
Live game shall be transported in a cage or enclosure. The cage or enclosure
shall be clearly labeled "Live Animal." The cage or enclosure shall also be
clearly and visibly marked with a label including the common or scientific
names of each species, the quantity of each species, the name and address of
the source of the game and the name and address of the recipient of the
game.
(b) For game that is
transported in a trailer, compartment of a trailer, or vehicle, a label
stating, "Live Animal" shall be affixed to every access door(s), or attached to
any locking mechanism securing such access door(s), with lettering not less
than one inch in height and in a contrasting color to the trailer. A list
including the common or scientific names of each species, the quantity of each
species, the name and address of the source of the game and the name and
address of the recipient of the game shall be maintained in the
vehicle.
(c) Wildlife transport
cages, enclosures or trailers shall be as follows:
1. Sufficient strength and security to
prevent escape.
2. Large enough to
ensure that each individual animal has sufficient space to turn, stand erect,
and lie naturally. Provided, however, that certain species may be restricted in
their movements according to professionally acceptable standards when freedom
of movement would constitute a danger to the animals, their handlers, or other
persons.
(10)
All game farms established under the provisions of this section shall comply
with Chapter 68A-6, F.A.C., concerning the provisions of food, humane treatment
and sanitary conditions. Those game farms acquiring, possessing, selling or
otherwise disposing of deer, elk or other members of the family Cervidae shall
also comply with Rules
68A-4.005,
68A-4.0051 and
68A-4.0053, F.A.C., concerning
introduction, importation, movement, and transportation requirements. Those
game farms acquiring, possessing, selling or otherwise disposing of mallard
ducks shall also comply with Rule
68A-4.0052, F.A.C.
(11) Any person holding a game farm license
shall maintain a record of each of the following changes in inventory:
acquisitions of game, animals harvested for personal consumption, and sale or
transfer of game, alive or dead. Such records shall be open to inspection upon
request by Commission personnel and shall be maintained for a minimum of five
years from the date of acquisition, transfer or sale:
(a) Records of acquisition shall include the
date of acquisition; quantity and species of game acquired; name and complete
address of supplier; and license identification number of the supplier, where
applicable.
(b) Records of sale or
transfer shall include the date of sale or transfer; quantity and species of
game sold or transferred; name and complete address of the entity to which game
is sold or transferred; and license identification number of the recipient,
where applicable. Such records shall be available for inspection upon request
by Commission personnel.
(c) Any
person holding a game farm license who imports or conducts intrastate movement
of deer, elk, or other members of the family Cervidae shall keep and maintain
copies of all records of compliance with Rule
68A-4.0051 and Chapter 5C-26,
F.A.C., regarding the importation or intrastate movement of such deer, elk, or
other members of the family Cervidae.
(12) All game, except captive white-tailed
deer, possessed or sold for food or consumptive purposes shall be killed on the
premises of the game farm or transported to a properly licensed processing
facility for immediate processing. In instances where live game is transported
to a licensed processing facility for immediate processing, a copy of the
current and valid game farm license of the farm where such game was produced
shall accompany the live game in transport. In instances where live game is
sold or transferred, the transporter of such game shall be licensed or
otherwise authorized by the Commission to possess such game. Harvested game
possessed, sold or transferred for food or consumptive purposes shall comply
with the following provisions:
(a) Each game
bird or the sealed container in which game birds are placed shall be clearly
marked with the species and the name, complete address, and license
identification number of the game farm producing such game birds.
(b) Deer meat (venison) from species of deer
not native to the state shall only be sold when packaged in a tamper-proof
container clearly marked with a label stating, "NON-NATIVE VENISON, PRODUCED ON
A LICENSED GAME FARM" and shall include the name of the species. Additionally,
each container shall be clearly marked to indicate the name, complete address,
and license identification number of the game farm producing such
venison.
(c) Any harvested game
stored on the premises of the game farm that has been sold or transferred shall
be clearly marked or tagged to reflect the name and complete address of the
recipient, species name, person who harvested the animal, date of harvest and
date of sale or transfer.
(d) Game
harvested on a game farm and stored on the premises shall not be commingled
with game taken from the wild and shall be marked with the species name and
date of harvest.
(e) Game farms
shall also comply with all statutes or regulations relating to food safety,
quality control, inspections, transportation, sale and regulation of foodstuffs
and meat products.
(13)
All captive white-tailed deer, possessed, sold or transferred for food or
consumptive purposes, shall:
1. Be transported
live to a licensed processing facility for immediate euthanasia and processing
for consumption.
a. A copy of the current and
valid game farm license of the farm where such game was produced shall
accompany the live game in transport.
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 to a processing
facility.
d. Game farms 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. Captive
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 GAME FARM". Additionally, each
container shall be clearly marked to indicate the name, date, complete address,
and license identification number of the game farm producing such venison and
the identification number and name of the licensed processing
facility.
3. Not have been
chemically immobilized or otherwise provided with any drugs within 30 days of
transfer.
(14) Game farms
shall be equipped and operated in such manner as to provide sufficient food and
humane treatment for the game kept thereupon. The premises, pens, and
facilities of all game farms shall be maintained in a sanitary condition. All
game harvested shall be taken as specified by Commission rules for the species.
Injured or wounded mammals shall be immediately euthanized, transported to a
veterinarian for treatment, or treated by the owner.
(15) Any method of euthanasia shall be
authorized for humane purposes provided that such method of euthanasia is
humane pursuant to the American Association of Zoo Veterinarians guidelines or
the American Veterinary Medical Association guidelines. Only a veterinarian,
the game farm licensee or the licensee's employee may euthanize game on the
game farm premises. 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.
(16) Native game shall only be killed
pursuant to the regulations for that species or in accordance with subsection
(15), above. Only the game farm licensee or the licensee's employees may kill
game on the game farm premises.
(17) 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.
(18) It is unlawful to buy,
sell or transfer any live game to or from any unlicensed entity within Florida.
Game raised or produced on game farms may be purchased, sold, shipped, and
transported for propagation, restocking or food purposes. Recipients of any
live game received from a game farm shall be licensed pursuant to this rule,
Section 379.3761 or
379.3712, F.S., unless exempt
from the licensing provisions.
(19)
The licensing provisions of this rule shall not apply to:
(a) The possession, protection, propagation,
raising or production of bison for commercial farming purposes.
(b) The protection, propagation, raising or
production of 100 or fewer live bobwhite quail or non-native game birds (except
non-native ducks and geese) for personal use, consumption, educational, dog
training or other not-for-sale or exhibition purpose.
(c) Persons purchasing or receiving eggs for
personal use, consumption, educational or other not-for-sale or exhibition
purposes.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
Implemented Art. IV, Sec. 9, Fla. Const.,
379.302,
379.3711
FS.
New 8-27-09, Amended 11-22-18, 12-3-20, 7-4-21, 8-2-22,
7-17-23.
