Current through Reg. 50, No. 187; September 24, 2024
Any person owning property may take nuisance wildlife or they
may authorize another person to take nuisance wildlife on their behalf except
those species listed in subsection (1), below, on their property by any method
except those methods listed in subsection (2), below. Persons responsible for
government owned property are considered "landowners" for the purpose of this
rule. Notwithstanding the provisions of this section, the executive director or
a designee may issue permits authorizing the take of additional species of
wildlife, additional methods of take or alternative forms of disposition and
transportation for justifiable purposes pursuant to Rule
68A-9.002, F.A.C., provided
authorizations shall be denied or revoked upon reasonable conclusion that the
requested or permitted activity would be detrimental to fish and wildlife
resources or public health and safety.
(1) Wildlife that may not be taken as
nuisance wildlife:
(a) Species listed in
Chapter 68A-27, F.A.C.
(b) The
following mammals:
1. Black bear.
2. Deer.
3. Bats
- Except that bats
may be taken either when:
a. The take is
incidental to the use of an exclusion device, a device which allows escape from
and blocks re-entry into a roost site located within a structure, or incidental
to the use of a registered chemical repellant, at any time from August 15 to
April 15, or
b. The take is
incidental to permanent repairs which prohibit the egress of bats from a roost
site located within a structure provided an exclusion device as described in
sub-subparagraph a., above, is used for a minimum of four consecutive
days/nights for which the low temperature is forecasted by the U.S. National
Weather Service to remain above 50° F prior to repairs and during the
time-period specified.
4.
Bobcat - Except that a bobcat may be taken, as provided by subsections (2), (3)
and (4), below, when it causes or is about to cause property damage, or
presents a threat to public safety. Euthanasia of any live captured bobcat is
prohibited and any live captured bobcat shall be released as provided by
subsection (3).
(c) The
following birds:
1. All birds listed in 50
C.F.R. §10.13 as protected by the Migratory Bird Treaty Act unless the
take is authorized by the U. S. Fish and Wildlife Service by a permit or
depredation order.
2. Bobwhite
quail.
3. Wild
turkey.
(2)
Methods that may not be used to take nuisance wildlife:
(a) Gun and light.
(b) Steel traps.
(c) Live traps and snares unless they are
visited at intervals not exceeding 24 hours.
(d) Poison, other than those pesticides that
are registered by the Florida Department of Agriculture and Consumer Services
without additional authorizations and are only used in a manner consistent with
the product labeling.
(e) Bat
exclusion devices or any other intentional use of a device or material at a
roost site which may prevent or inhibit the free ingress and/or egress of bats
from April 16 through August 14.
(f) Any method prohibited pursuant to Section
828.12, F.S.
(3) Disposition of live-captured nuisance
wildlife.
(a) Wildlife live captured by any
method shall be released or euthanized within 24 hours following capture or
inspection of a trapping device containing wildlife, provided any species
described in subsection (1) above, or any non-target wildlife shall be released
immediately at the site of capture.
(b) Nuisance wildlife may only be released
if:
1. The nuisance wildlife is released on
the property of the landowner provided the release site and capture site are
located on one contiguous piece of property, or
2. The nuisance wildlife is a native species;
and,
3. The property where the
nuisance animal is to be released is located within the county of capture and
is a minimum of 40 contiguous acres; and,
4. The person releasing the nuisance wildlife
is in possession, at time of release, of written permission from the property
owner allowing such action.
(c) Euthanasia of nuisance wildlife shall be
humane as defined by the American Association of Zoo Veterinarians or the
American Veterinary Medical Association.
(d) The provisions of this subsection shall
not prohibit the personal possession of wildlife as authorized by subsection
68A-6.0022(2),
F.A.C.
(4) Transportation
of nuisance wildlife.
(a) Live-captured
nuisance wildlife may be transported under authority of this section only for:
1. The purpose of euthanasia as provided in
subsection (3) above, or
2. The
purpose of release as provided in subsection (3) above.
(b) Transportation of wildlife authorized by
this section shall not supersede the provisions of any rabies alert or area
quarantine issued by County Health Departments or County Animal
Services.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
Implemented Art. IV, Sec. 9, Fla.
Const.
New 7-1-08, Amended 7-1-10,
7-27-10.
