15997839, 68A-4.009 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 15997839

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Freshwater Fish and Wildlife

Chapter:

GENERAL PROHIBITIONS AND REQUIREMENTS

Overview

RULE:

68A-4.009

Florida Black Bear Conservation

PURPOSE:

The purpose of the proposed rulemaking action is to remove duplicative and superfluous language for clarification purposes, to allow people to scare a bear away with non-lethal methods without requiring a permit, and to add a provision that would allow the agency to issue a permit for people to take a bear when it is damaging property and there are no reasonable options to prevent the damage.

SUMMARY:

Rule action would remove duplicative language from subsection (1) that is already defined in Florida Administrative Code 68A-1.004.  References to the specific subspecies of the Florida black bear (Ursus americanus floridanus) would be removed throughout the rule (including the title) to maintain consistency and avoid confusion as all other rules in the Florida Administrative Code refer to black bears, not the subspecies Florida black bear.  Subsection (2)(b) would be removed, as first responders who have been trained by agency personnel on how to respond to bears no longer need a permit.  A new subsection (2)(b) would be added that would allow  intentional take permits to be issued for people experiencing property damage caused by bears. A new subsection (3) will allow members of the public to attempt to scare a bear away from people using non-lethal methods without a permit.  Subsections were re-numbered to accommodate the changes accordingly.

RULEMAKING AUTHORITY:

Art. IV, Sec. 9, Fla. Const.

LAW:

Art. IV, Sec. 9, Fla. Const.

PRINT PUBLISH DATE:

5/14/2015 Vol. 41/94

COMMENTS:

From 5/14/2015 To 6/4/2015 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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