Current through Reg. 50, No. 187; September 24, 2024
(1)
For the purpose of this rule, a bird trap is any device, material, substance or
enclosure designed or used to catch and retain avian species, typically by
allowing entry but not exit or by catching hold of a part of the body. Poultry
coops and lofts for domestic pigeons are not bird traps under this
rule.
(2) Bird traps must be
clearly labeled with the Florida Fish and Wildlife Conservation Commission
permit number or the exemption being utilized pursuant to subsection (3); and
the name, address, and phone number of the person or company placing the trap.
Traps without labeling are subject to removal by law enforcement.
(3) The use, placement, or possession of bird
traps or allowing the placement of bird traps is prohibited without a permit
issued pursuant to Rules
68A-27.007,
68A-9.002, or
68A-16.006(5),
F.A.C., with the following exceptions:
(a)
Persons possessing a federal permit authorizing the trapping of birds listed
under the Federal Endangered Species Act of 1973, 16 U.S.C. §1531 et seq.,
may use, place, or possess bird traps or allow bird traps to be placed for the
purposes specified in the permit.
(b) Persons authorized to trap resident game
birds under a state permit or under Chapter 68A-12, F.A.C., may use, place, or
possess bird traps or allow bird traps to be placed for the purposes specified
in the state permit or in Chapter 68A-12, F.A.C.
(c) Persons possessing a falconry permit may
use, place, or possess bird traps or allow bird traps to be placed for the
purposes specified in the permit. Persons possessing a falconry permit also may
capture birds that are not resident game birds and that are not included in 50
C.F.R. §10.13 (November 1, 2013), List of Migratory Birds, to capture,
feed, or train raptors possessed under the person's falconry permit.
(d) Persons authorized to take wildlife at
airports pursuant to Rule
68A-9.012, F.A.C., may use,
place, or possess bird traps or allow bird traps to be placed to conduct
activities authorized under Rule
68A-9.012, F.A.C.
(e) Persons possessing a federal
authorization to trap nuisance, depredating or injurious birds except migratory
game birds and birds listed in Chapter 68A-27 or Rule
68A-16.002, F.A.C., may use,
place, or possess bird traps or allow bird traps to be placed while conducting
the authorized activities.
(f)
Captive wildlife facilities holding a valid captive wildlife permit may use,
place, or possess bird traps on the permitted property, or other areas with
land owner permission, to capture escaped captive birds, provided the permit
holder provides notification prior to placement and use of traps to the Florida
Fish and Wildlife Conservation Commission Division of Law Enforcement of the
number and species of escaped birds, along with the number and type of bird
traps set.
(g) Persons or companies
possessing one of the following licenses or certifications issued by the
Florida Department of Agriculture and Consumer Services pursuant to Chapter
482, F.S., may use, place, or possess bird traps for the capture of birds that
are not resident game birds and that are not included in 50 C.F.R. §10.13
(November 1, 2013), List of Migratory Birds:
1. Licenses issued pursuant to Section
482.071, F.S.
2. Certificates for general household pest
control and lawn and ornamental pest control issued pursuant to subsection
482.111(2),
F.S.
3. Limited certification for
governmental pesticide applicators or private applicators in the structural
category (Chapter 5E-14, F.A.C.) issued pursuant to Section
482.155, F.S.
4. Limited certification for commercial
wildlife management personnel issued pursuant to Section
482.157,
F.S.
(h) Businesses or
corporations registered with the Florida Department of State and engaged in the
sale of bird traps may possess bird traps for the purposes of manufacture and
sale and are exempt from subsection (2).
(4) The possession of bird traps indoors for
educational or exhibition purposes is authorized, provided the bird trap is
registered with Florida Fish and Wildlife Conservation Commission at
https://www.flrules.org/Gateway/reference.asp?No=Ref-11178.
Registration under this subsection does not authorize any other use or
placement of bird traps. Persons registering at
https://www.flrules.org/Gateway/reference.asp?No=Ref-11178
shall provide their name, contact information, the number of traps being
registered, whether it is being used for educational or for exhibition purposes
and the address that each trap will be located.
(5) Persons not meeting the exceptions in
subsection (3) may apply for a permit to use, place, or possess bird traps for
the capture of birds that are not resident game birds and that are not included
in 50 C.F.R. §10.13 (November 1, 2013), List of Migratory Birds.
(a) Applicants for permits to use, place, or
possess bird traps or allow bird traps to be placed in accordance with this
section shall submit a completed permit application form WIM 02 (07/19) which
is adopted and incorporated herein by reference. Such form is available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-11178,
or by submitting a request to: Florida Fish and Wildlife Conservation
Commission, Division of Habitat and Species Conservation, 620 South Meridian
Street, Tallahassee, Florida 32399-1600.
(b) Applicants must be at least 18 years
old.
(c) Permits shall be valid for
one year from the date of issuance.
(d) Prior to use or placement of bird traps
outdoors, permittees must notify Florida Fish and Wildlife Conservation
Commission Division of Law Enforcement of the species to be targeted, number
and types of traps to be set, permit number, and physical location of each
trap.
(e) Prior to use or placement
of bird traps, permittee must obtain written permission of the landowner or the
landowner's designee.
(f) While
conducting permitted activities, permittees must have a copy of the permit and
a copy of the landowner permission readily available for inspection by Florida
Fish and Wildlife Conservation Commission Division of Law
Enforcement.
(g) Any
incidentally-captured resident game birds or birds included in 50 C.F.R.
§10.13 (November 1, 2013), List of Migratory Birds, shall be released
immediately, unless the permittee possesses all necessary state or federal
authorizations to capture such species.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
Implemented Art. IV, Sec. 9, Fla.
Const.
New 10-3-19.
