21612296, 68A-16.006 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 21612296

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Freshwater Fish and Wildlife

Chapter:

RULES RELATING TO BIRDS

Overview

RULE:

68A-16.006

Regulations Related to Bird Traps

PURPOSE:

The purpose of this rule is to address the trafficking of migratory birds and improve the enforcement relating to illegal activities relating to the taking and trapping of migratory birds. This rule language covers a wide variety of traps used by illegal trappers. The effect of this rule is to establish regulations related to the use, placement, possession, and transport of bird traps to prevent illegal trapping migratory birds. The proposed rule language includes exceptions, such as for persons possessing a federal permit or falconry permit and those engaged in activities authorized under Rules 68A-9.010, (Taking of Nuisance Wildlife), 68A-9.012, (Taking of Wildlife on Airport Property) or 68A-12 F.A.C. (Rules Related to Game).

SUMMARY:

The Federal Migratory Bird Treaty Act and associated state rule (68A-16.001, F.A.C) prohibits the capture, possession, sale, purchase, and transportation of native birds in Florida. Despite these protections, illegal trapping of native birds has long been a concern in the state, particularly in south Florida, where trapping is thought to be widespread. Although it is illegal to capture, possess, or sell native birds under existing state rule, there currently are no regulations on the use, placement, possession, or transport of bird traps. This complicates the ability of Law Enforcement to enforce existing protections, because officers cannot  make a case unless they witness birds in the trap or persons with a bird in their possession. To support the ability of Law Enforcement officers to enforce existing protections, staff recommend establishing regulations regarding the use, placement, possession, and transport of bird traps. The proposed rule language includes exceptions, such as for persons possessing a federal permit or falconry permit and those engaged in activities authorized under Rules 68A-9.010, (Taking of Nuisance Wildlife), 68A-9.012, (Taking of Wildlife on Airport Property) or 68A-12 F.A.C. (Rules Related to Game).

RULEMAKING AUTHORITY:

Art. IV, Sec. 9, Florida Constitution

LAW:

Art. IV, Sec. 9, Florida Constitution

PRINT PUBLISH DATE:

3/14/2019 Vol. 45/51

COMMENTS:

From 3/14/2019 To 4/4/2019 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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