Notice of Proposed Rule

FISH AND WILDLIFE CONSERVATION COMMISSION
Departmental
RULE NO: RULE TITLE
68-1.007: Wildlife Violator Compact, Implementation
PURPOSE AND EFFECT: The 2006 Florida Legislature authorized Florida to become a member of the interstate Wildlife Violator Compact in Chapter 2006-304, Laws of Florida. The compact creates a uniform system which allows member states to recognize suspensions of hunting and fishing licenses from other member states. The legislation also made the Florida Fish and Wildlife Conservation Commission the enforcer of the compact. The purpose of this rule is to administer the provisions of the Wildlife Violator Compact. The compact has a list of violations for which licenses are typically suspended. All violations which result in a suspension are entered into the compact’s computerized data system and are filed under one of the violation codes. Each compact member state must decide which violation codes will be recognized in their state. This rule lists the violations which resulted in a suspension that Florida will recognize and for which Florida will suspend a license. The rule also gives clarity as to how the suspensions will be recognized so that residents and non-residents will know how they are affected by the compact.
SUMMARY: Proposed new Rule 68-1.007, F.A.C., pursuant to Wildlife Violator Compact (adopted in Chapter 2006-304, Laws of Florida), lists the types of license suspensions and revocations from compact member states which will be recognized in Florida. It also clarifies that nonresidents who have a recreational hunting and fishing license suspension from a compact member state will not be able to purchase a recreational hunting and fishing license in Florida during the time period of the suspension. Lastly, the rule states that residents of Florida who have been issued a recreational license that has not yet expired, and who subsequently move out of the state will be considered Florida residents for purposes of the rule.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: Art. IV, Sec. 9, Fla. Const.
LAW IMPLEMENTED: Art. IV, Sec. 9, Fla. Const. 372.831 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: James V. Antista, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, phone (850)487-1764

THE FULL TEXT OF THE PROPOSED RULE IS:

68-1.007 Wildlife Violator Compact, Implementation.

(1) Pursuant to Section 372.831, Florida Statutes, the Fish and Wildlife Conservation Commission hereby recognizes recreational license suspensions or revocations imposed on residents of this state by another participating Wildlife Violator Compact state, for the following violations:

(a) Accumulated Wildlife Violations.

(b) Illegal Take or Possession of Big Game.

(c) Federal Wildlife Violations.

(d) Felony Wildlife Violation.

(e) Illegal Take or Possession of Fish.

(f) License Violations, Fraud, False Statement.

(g) Illegal Take or Possession of other Wildlife.

(h) Violations While on Revocation.

(i) Illegal Take or Possession of Small Game or Migratory Birds.

(j) Sale/Purchase of Wildlife.

(k) Illegal Take or Possession of Threatened or Endangered Species.

(l) Tag/Permit/License Transfer.

(m) Waste of Wildlife.

(2) Non-resident violators.

(a) Under the provisions of the Wildlife Violator Compact, a nonresident who has a suspended or revoked license or privilege from another state will not be eligible to purchase a license in this state during the term of the license or privilege suspension or revocation.

(b) A resident of Florida who has been issued a recreational license that has not yet expired, and who subsequently moves out of state, will be considered a Florida resident for purposes of this rule and treated as provided in subsection (1).

Specific Authority Art. IV, Sec. 9, Fla. Const.; 372.8311 FS. Law Implemented Art. IV, Sec. 9, Fla. Const.; 372.831 FS. History–New             ________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Colonel Julie Jones, Division of Law Enforcement
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mr. Kenneth D. Haddad, Executive Director
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 13, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 4, 2006