Current through Reg. 50, No. 187; September 24, 2024
(1) Only a corporation that is licensed in
accordance with Section
379.3761, F.S., and exempt from
taxation under section 501(a) of the
Internal Revenue Code and described in sections 501 (c)(3) and 170(b)(1)(A)(vi)
of such code, may operate a wildlife sanctuary for captive wildlife. For the
purposes of this section a "wildlife sanctuary for captive wildlife" is defined
as a facility established for the sole purpose of providing lifetime care for
unwanted or infirmed captive wildlife. Such wildlife sanctuary for captive
wildlife shall be operated in compliance with the provisions of Chapter 68A-6,
F.A.C., and this section.
(a) Each wildlife
sanctuary for captive wildlife must maintain and have available for inspection
proof of current status as a Florida registered not-for-profit corporation and
proof of current exemption from taxation under section
501(a) of the
Internal Revenue Code and described in sections 501 (c)(3) and 170(b)(1)(A)(vi)
of such code.
(b) Acts which
perpetuate the commercial trade in wildlife, including the trade, sale,
offering for trade or sale, breeding except as authorized herein, or buying of
captive wildlife or parts thereof, by any such wildlife sanctuary for captive
wildlife are prohibited.
(c) Full
or incidental contact between the public and such captive wildlife as defined
in Rule 68A-6.016, F.A.C., is
prohibited.
(d) All wildlife
maintained by such sanctuary for captive 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.
1. 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.
2. 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 possessors 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.
(e) Rare, endangered or otherwise protected
specimens of wildlife may be transferred for breeding purposes in instances
where such breeding program clearly enhances the survival potential of the
species.
(f) Any sanctuary
possessing Class I wildlife as listed in Rule
68A-6.002, F.A.C., must meet the
bonding or financial responsibility guarantee requirements of paragraphs
68A-6.005(3)(a)
-(f), F.A.C.
(2) Any
person licensed in accordance with Section
379.3761, F.S., who possesses
performing wildlife that due to its age or physical condition may no longer
perform, may retain such retired performing wildlife for the purposes of
providing lifetime care for said wildlife. Such retired performing wildlife
shall be permanently identified and records maintained and submitted as
prescribed in subparagraphs (1)(d)1.-2., above.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
Implemented 379.303,
379.304,
379.3762
FS.
New 6-21-82, Formerly 39-6.06, 39-6.006, Amended
9-30-19.
