Current through Reg. 50, No. 187; September 24, 2024
(1) Except as otherwise provided in this
Title, no person shall possess any native or non-native wildlife in captivity
except as authorized by permit issued in accordance with Section
379.3761 or
379.3762, F.S., and as provided
in this chapter.
(2) No permit
shall be issued to any other entity for a facility of which the current
permittee is an owner, officer, director, principal, employee, or agent or in
which the current permittee holds any interest, when either:
(a) The Commission has notified the current
permittee in writing that revocation or non-renewal proceedings have been or
will be brought against the permit, until such time as final administrative
action is rendered; or
(b) The
current permittee has been arrested, charged, indicted, or has appealed the
conviction of a crime which is a violation of any provision of Chapter 379 or
828, F.S., or rules of the Commission, or other similar laws or rules in this
or any jurisdiction that relate to the subject matter of the license, permit or
authorization, until such time as final criminal disposition is
rendered.
(3) Any person
whose permit is revoked or non-renewed as provided for in subsection
68-1.010(2),
F.A.C., shall be subject to the following provisions:
(a) Such person shall have ninety (90) days
after the final administrative disposition to lawfully dispose of all captive
wildlife previously authorized under the revoked or non-renewed permit . Except
as provided in paragraph (3)(b), sale, if sale was previously authorized under
the permit, or transfer of such wildlife shall be authorized within the lawful
disposition period for the purposes of complying with this rule.
(b) The facility and wildlife previously
authorized under the revoked or non-renewed permit may not be sold or otherwise
transferred to any entity within Florida of which such person is an owner,
officer, director, principal, employee, or agent or in which such person holds
any interest.
(c) Records of final
disposition for all wildlife must be maintained for one (1) year and provided
to the Commission within thirty (30) days after the ninety (90) day lawful
disposition period. Such records shall include the following:
1. The common and scientific name of each
species.
2. The number of
individual animals of each species.
3. Documentation of final
disposition.
4. If transferred or
sold, the full name, address, and Florida captive wildlife license ID (if
applicable) of the recipient.
5.
The date of transfer, sale, or other disposition.
(d) The Commission shall have the authority
to verify the final disposition of wildlife previously authorized under the
revoked or non-renewed permit, including inspection by officers of the
Commission, pursuant to Section
379.304, F.S.
(e) Such person shall not conduct exhibition
or sale of any captive wildlife regulated under Chapter 68A-6, F.A.C., on the
behalf of any other person or any other facility or permittee, including but
not limited to as an employee, agent, or volunteer, whether paid or unpaid, for
a period of three (3) years following final administrative
action.
(4) Any employee
authorized or permitted as qualified personnel on a corporation's license in
accordance with paragraph
68A-6.004(2)(e)
or subparagraph 68A-6.017(3)(a)
4., F.A.C., whose authorization or permit is revoked or non-renewed as provided
for in subsection 68-1.010(2),
F.A.C., shall not continue to have involvement with the care, feeding,
handling, or husbandry of any wildlife authorized or permitted under the
corporation's license following final administrative action.
(5) Persons possessing any captive wildlife
for purposes of public display or sale shall obtain a permit as specified in
Section 379.3761, F.S.
(6) Class I wildlife shall not be possessed
for personal use, except as follows:
(a) Any
Class I wildlife possessed for personal use on August 1, 1980, shall be
eligible for a permit in accordance with the provisions for Class II wildlife.
Any Class II wildlife possessed as personal use wildlife in accordance with
Section 379.3762, F.S., that is uplisted
to Class I upon the effective date of Rule
68A-6.002, F.A.C., shall be
eligible for a permit in accordance with the provisions of Class II wildlife.
No other Class I wildlife shall be transferred or kept for personal use.
1. All Class I wildlife possessed for
personal use in accordance with the provisions for Class II Wildlife, shall be
permanently identified by means of tattoo, brand, passive integrated
transponder (PIT tag), photographic identification, or other method that
clearly and permanently identifies that particular specimen so as to be
distinguished from other specimens of the same species.
a. For photographic identification the
photograph of the specimen must include sufficient distinguishing
characteristics (marks, scars, and patterns, etc.) to enable that particular
specimen to be distinguished from other specimens of the same
species.
b. Record of
identification including PIT tag numbers where applicable, along with
information about the specimen being identified (species, method of
identification, specimen name or number, gender and age) must be maintained in
the possessor's records for as long as the specimen is possessed. Such records
shall be made available for inspection, upon request, of commission personnel.
A copy of such record shall be provided to the Florida Fish and Wildlife
Conservation Commission, Division of Law Enforcement, upon annual renewal of
the license issued in accordance with Section
379.3761, F.S., and authorizing
possession of such wildlife.
2. Effective Date: All permanent
identification requirements in this rule shall not take effect until January 1,
2010.
(b) Persons
possessing Class I wildlife for personal use shall comply with all provisions
of this chapter relating to the personal use of wildlife.
(7) Persons possessing Class II wildlife as
personal use wildlife shall purchase a permit as provided in Section
379.3762, F.S.
(8) Persons possessing Class III wildlife as
personal use wildlife shall obtain a no-cost permit from the Executive
Director.
(9) Any person engaging
in the business of breeding or the purchase or sale of exotic birds or birds
customarily kept as pets shall be licensed as provided in Section
379.3761, F.S.
(10) The provisions of this chapter shall not
apply to entities operating solely as research facilities, which are registered
and regulated as such in accordance with Animal Welfare Act (7 U.S.C. 2131, et.
seq.) and regulations promulgated thereunder, provided the following
requirements are met:
(a) Such facilities
must maintain on premises a detailed research proposal which shall state with
particularity the research objectives, methodology, and study duration, and
outline planned safeguards to assure proper containment of the wildlife.
Maintain an annual record of progress toward the research project objectives.
Such research proposal and record of progress shall be available for inspection
upon request of Commission personnel.
(b) Such facilities housing wildlife must
maintain such wildlife in cages or enclosures which meet the structural
requirements as specified in Rules
68A-6.010 and
68A-6.011,
F.A.C.
(11) The
provisions of this chapter shall not apply to persons possessing the following
non-native wildlife species exclusively for the purpose of production of meat,
skins or hides, feathers or progeny thereof, and not for personal possession or
public display or exhibition:
(a)
Ostrich
(b) Cassowary
(c) Rhea
(d) Emu
(e) Bison
(12) No permit shall be required for the sale
of poultry, hamsters, guinea pigs, domestic rats and mice, gerbils, or
chameleons (Anolis).
(13) Fox,
skunks, bats, raccoons, or whitetail deer taken from the wild shall not be
possessed as personal use wildlife and shall be possessed only in accordance
with permits issued under Rules
68A-9.002,
68A-9.006, F.A.C., or Section
379.3761, F.S.
(14) No permit shall be required to possess
the following wildlife for personal use, unless possession of a species is
otherwise regulated by other rules of the Commission:
(a) Reptiles or amphibians (nonvenomous,
unprotected)
(b) Gerbils,
hedgehogs
(c) Honey possums, sugar
gliders
(d) Rats and mice
(e) Moles; shrews
(f) Rabbits
(g) Squirrels; chipmunks
(h) Ferrets (domestic; European)
(i) Guinea pigs
(j) Hamsters
(k) Prairie dogs
(l) Chinchillas
(m) Shell parakeets
(n) Canaries
(o) Lovebirds
(p) Cockatiels
(q) Parrots
(r) Finches
(s) Myna birds
(t) Toucans
(u) Doves; ringed, ruddy, and
diamond
(v) Button
quail
(15) A violation of
the provisions of this rule shall constitute a ciolation of Section
379.4015,
F.S.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
Implemented Art. IV, Sec. 9, Fla. Const.,
379.3761,
379.3762
FS.
New 8-1-79, Amended 6-21-82, Formerly 39-6.03, Amended
6-1-86, 7-1-90, 7-1-92, 2-1-98, Formerly 39-6.003, Amended 1-1-08, 1-8-08,
8-27-09, 11-8-10, 12-6-10, 9-30-19,
6-20-22.
