Florida Administrative Code
68 - FISH AND WILDLIFE CONSERVATION COMMISSION
68A - Freshwater Fish and Wildlife
Chapter 68A-6 - CAPTIVE WILDLIFE
Section 68A-6.007 - Elephant Rides
Universal Citation: FL Admin Code R 68A-6.007
Current through Reg. 50, No. 187; September 24, 2024
(1) No person, firm, or corporation shall use elephants for rides without first obtaining written authorization from the Commission. Such authorization shall be applied for annually with the license issued under Section 379.3761, F.S. and subsection 68A-6.004(c), F.A.C.
(2) Definitions: For the purposes of this rule, the following shall be defined as:
(a) Safety incident - any incident involving
the elephant that causes injury or death of any person or animal.
(b) Free contact - contact in which there are
no barriers between a person and the elephant.
(c) Ride area - area where the elephant walks
while conducting rides.
(3) Qualifications for elephant ride authorization.
(a) Identification: Applicants
for elephant ride authorization shall include in their application identifying
information including photographic identification and other information that
clearly identifies the elephant(s) to be used in the rides. The identifying
information must allow the Commission to identify the individual elephant(s)
being used in the rides so as to be distinguished from other elephants.
Photographs of each elephant must be updated at each application and shall
include a full view of the front and both sides of the elephant.
(b) Safety record: The application shall
include a notarized statement which details the complete safety record and
documents all of the known safety incidents or escapes involving the elephant
identified in the ride authorization request. No elephant that has ever caused
a safety incident shall be used for rides. In addition, licensees are required
to notify the Commission immediately if an elephant escapes containment or is
involved in a safety incident subsequent to the approval of the application.
Any elephant involved in a safety incident, regardless of location, shall not
be allowed to have any contact with the public in Florida and all ride
authorizations will be immediately suspended until an investigation and review
of the incident by the Commission is completed. After reviewing the findings of
the investigation, the Commission shall render a determination concerning the
continuation or termination of such ride authorization or the authorization of
any qualified handler or assistant to operate the elephant ride. Such
determination shall consider the following:
1.
If the safety incident was not caused by the elephant, it shall not result in
termination of the elephant ride authorization or public contact.
2. If the safety incident was not caused by
and could not have been prevented by the handler or assistant, it shall not
result in termination of the handler or assistant's
authorization.
(c)
Notification: Licensee shall notify the Commission no less than 24 hours prior
to conducting elephant rides at a location other than a facility authorized to
possess elephants. Notification shall consist of an itinerary which shall
include dates, times, and locations that elephant rides will be conducted.
Licensees shall not be required to notify the Commission if these rides were
previously submitted on the itinerary required as part of their application for
licensure under Section
379.3761, F.S.
(d) Emergency response: A tethering device
and firearm shall be present at all sites where elephant rides are available.
Applicants shall have a written emergency response plan to ensure public
safety. This plan shall be available onsite and at all times elephant rides are
occurring for inspection by Commission personnel. Emergency response plan and
preparation shall include:
1. Measures for
protecting the public which specify what to do in case of an elephant safety
incident, including where tethering devices and firearms are kept. If the plan
includes tranquilizing equipment, their location must also be included. The
plan must also include a list of onsite personnel authorized to use the
tethering devices, tranquilizing equipment and/or firearms, and when such
equipment, devices and/or firearms shall be used to capture, control, or
destroy escaped or out-of-control animals. All tranquilizing equipment,
tethering devices and/or firearms are subject to inspection by commission
personnel to ensure all equipment and/or firearms are operable and sufficient
for the intended purpose. The tethering device shall have the ability to be
anchored and be within 50 feet of the elephant while conducting rides. The
minimum acceptable caliber for the firearm shall be .375 H & H magnum.
Personnel authorized in the plan to utilize tranquilizing equipment, tethering
devices and/or firearms shall be an employee 18 years of age or older and
trained in the use of such devices, equipment and/or firearms.
2. When an elephant is available for or
conducting rides, personnel, equipment, devices and/or firearms shall be on the
premises, in close proximity and able to be accessed within 5 minutes. Use and
possession of firearms specified in the plan shall be in compliance with
Chapter 790, F.S.
(e)
Experienced supervision: All elephant rides shall be supervised by a minimum of
one qualified handler and one assistant. Both the qualified handler and
assistant shall be a minimum of 18 years of age and not have any unsafe captive
wildlife conditions or animal neglect or abuse related violations within three
years. Applicants shall provide a notarized document at the time of application
showing the qualified handler meets the standards below:
1. A minimum of 1000 hours of free contact
experience with the specific animal that he or she will be handling.
2. The experience must be gained by working
with a qualified handler who is currently authorized as a handler for that
specific elephant.
3. The
experience hours must include the dates, times, and locations of the training
and identifying information of the currently authorized handler. The currently
authorized handler must sign the provided experience hours certifying all
claimed hours were gained in their presence and with the specific elephant for
which they are requesting authorization.
4. Individuals authorized as qualified
handlers on the effective date of this rule are not required to provide
additional documentation of experience for the elephants for which they are
currently authorized.
5. Once a
handler has been approved for an elephant, they may request additional elephant
authorizations by providing an additional 250 hours of free contact experience
with each additional elephant in the same manner as stated above.
6. In their initial and renewal application
and upon every change of personnel, applicants shall provide the Captive
Wildlife Office with the following information for the requested qualified
handlers and assistants:
a. Name,
b. Date of birth, and
c. A copy of a valid government-issued photo
ID.
7. Qualified handlers
and assistants shall be approved by the Commission in writing prior to
conducting the activity. Such handler shall be in the immediate presence of the
elephant at all times when the elephant is in position to be in direct contact
with the public. Such handler is determined to be in the immediate presence of
an elephant if the handler is in close physical proximity to the elephant and
able to instantly exert direct control, if necessary.
(f) For elephant rides open to the general
public there shall be a ride area and public barrier as defined below:
1. The ride area shall be clearly identified
with a ring curb or other easily identifiable boundary delineation.
2. The public barrier shall be a minimum of
44 inches tall from the ground up with gaps no greater than six inches to
prevent bystanders from having contact with the animal. The barrier shall be
constructed of a manufactured material which creates a continuous and uniform
barrier which is anchored or otherwise secured in a manner that maintains the
integrity of the barrier. The public barrier shall be no less than five feet
from the ride boundary and have clearly visible signs posted every 10 feet
which state "Keep Out" in at least 2-inch letters.
(g) Licensees who have had continuous annual
authorization for elephant rides since the effective date of this rule shall be
allowed to conduct private elephant rides. A private elephant ride shall be
prearranged and must have a written contract in place at least 24 hours in
advance and not be open to the general public. Only guests or hosts of the
contracted event are eligible to engage in elephant rides. Such ride shall
utilize two qualified handlers and adequate assistants to prevent bystanders
from coming into contact with the elephant and are not required to have an
additional barrier.
(4) No person shall intentionally attempt to weaken or breach the integrity of any boundary or barrier.
(5) No person, except the ride participants, qualified handler, or assistant, may come into contact with the elephant while it is conducting a ride.
(6) Full contact is only allowed by the ride participants during the elephant ride. Ride participants shall only come into contact with the elephant's back and sides.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.373, 379.374 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.303, 379.304, 379.305, 379.372, 379.373, 379.374, 379.3761, 379.3762 FS.
New 1-1-08, Amended 1-8-08, 8-27-09, 8-26-10, 12-31-16, 1-1-19, 9-30-19, 5-11-20.
Disclaimer: These regulations may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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