68A-4.005: Introduction of Foreign Wildlife or Freshwater Fish or Carriers of Disease
PURPOSE AND EFFECT: The proposed rule change deletes provisions prohibiting the importation and release of non-native fish and wildlife without a permit; these provisions will be incorporated into proposed new Rule Chapter 68-5, F.A.C. The proposed rule change incorporates provisions currently in Rule 68A-23.008, F.A.C. regarding inspection of facilities that might harbor diseased aquatic organisms. Rule 68A-23.008, F.A.C., will be repealed effective July 1, 2007. The effect of this rule amendment will be to consolidate related regulatory provisions in the same place and allow citizens easier access to them.
SUBJECT AREA TO BE ADDRESSED: Regulatory restrictions on the introduction of non-native species; restrictions on introduction of diseased fish and wildlife; inspection of diseased fish and wildlife.
SPECIFIC AUTHORITY: Art. IV, Sec. 9, Florida Constitution, 372.021 FS.
LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution, 372.26, 372.265 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: The ADA Coordinator at (850)488-6411. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James V. Antista, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, (850)487-1764
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
68A-4.005 Introduction of Foreign Wildlife or Freshwater Fish or Carriers of Disease; Inspection.
(1) No person shall release or introduce in the state any wildlife, freshwater fish or any other organism that might reasonably by expected to transmit any disease to wildlife or freshwater fish. It shall be unlawful for any person to possess, transport or otherwise bring into the state or to release or introduce in the state any wildlife or freshwater fish that is not native to the state unless such person shall first secure a permit from the Commission. Such permit shall be granted only after duly authorized agents have made such investigation and inspection of the wildlife or freshwater fish as may be deemed necessary, provided that this rule shall not apply to ring-necked or Mongolian pheasants or coturnix quail.
(a) Any representative of the Commission may inspect all records, ponds, pools, vehicles and other facilities used to produce, grow, store or transport freshwater aquatic organisms. Inspection may be made of such facilities wherein foreign or non-native species of freshwater aquatic organisms are propagated for any commercial purpose so as to determine that such species or their eggs are not allowed to escape into the waters of the state or to determine whether freshwater aquatic organisms are infected or diseased. In the event that an epizootic aquatic disease among cultured aquatic freshwater organisms presents a threat to public health or to fish or wildlife resources, freshwater aquatic organisms exposed to or exhibiting such disease may be quarantined, confiscated or destroyed as a public nuisance without compensation to anyone having a financial interest in such organisms.
(b) Any freshwater aquatic organism that may be discovered in ponds, pools, vehicles or other facilities and which in the determination of the executive director would be detrimental to fish or wildlife resources if released or placed in the waters of the state, shall be confiscated and destroyed as a public nuisance.
(2) Nothing in this rule shall prohibit the Commission or its duly authorized agents from bringing into the state or releasing or introducing any wildlife or freshwater fish.
(3) No person shall release or introduce in the state any wildlife, freshwater fish or any other organism that might reasonably by expected to transmit any disease to wildlife or freshwater fish.
PROPOSED EFFECTIVE DATE: July 1, 2007.
Specific Authority Art. IV, Sec. 9,