21100039, 68A-29.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 21100039

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Freshwater Fish and Wildlife

Chapter:

RULES RELATING TO THE TAKING OF MAMMALS

Overview

RULE:

68A-29.002

Regulations Relating to the Taking of Mammals

PURPOSE:

The purpose of this proposed rule is to create a mammal chapter similar to existing chapters for birds (68A-16, F.A.C), reptiles (68A-25, F.A.C), and amphibians (68A-26, F.A.C.).  The species included in this rule are included to continue to limit take to prevent the need to be listed as an endangered or threatened species in the future or to reduce the risk that they will be taken, possessed, bred, or sold as part of the pet trade. The effect of this rule is to be more specific than language provided in 68A-4.001, F.A.C about which mammal species may not be taken, bought, sold, or possessed as pets and to provide clarity to law enforcement and the public about non-game mammal regulations.

SUMMARY:

When the Commission delisted from the endangered or threatened species list four mammal species as part of the Imperiled species management plan, there were conflicts with other sections of 68A as it relates to regulations for mammals. Captive Wildlife rule 68A-6.0022, F.A.C states that any squirrel, shrew, mouse, or chipmunk could be possessed as a personal pet without a permit unless otherwise regulated. Once the four species of mammals become delisted, they could be kept as personal pets and potentially put the species at risk for listing in the future. This mammal chapter outlines protections for mammal species being delisted or those that were recently delisted as part of the Imperiled Species Management Plan, species with similarity of appearance concerns, and possession limits for species that may be maintained as pets. The rule re-states language found in General prohibitions, 68A-4.001, F.A.C, and provides specific examples for law enforcement and the public about species that should not be taken, transported, stored, bought, sold, served, or possessed without a permit from FWC.

RULEMAKING AUTHORITY:

Art. IV, Sec. 9, Florida Constitution

LAW:

Art. IV, Sec. 9, Florida Constitution

PRINT PUBLISH DATE:

10/31/2018 Vol. 44/213

COMMENTS:

From 10/31/2018 To 11/21/2018 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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