68-5.004: Certified Non-native Wildlife Adoption
PURPOSE AND EFFECT: The purpose of this rule development effort is to establish a procedure and standards for the persons adopting non-native animals to help prevent illegal release of non-native fish and wildlife, including certification requirements for facilities, required knowledge of adopted animals, and absence of certain wildlife-related criminal violations. The effect of this effort should be to assist in the prevention of the release of harmful non-native species in Florida.
SUBJECT AREA TO BE ADDRESSED: Non-native species; wildlife adoption.
SPECIFIC AUTHORITY: Art. IV, Sec. 9, Florida Constitution.
LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution.
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:
68-5.004 Certified Non-native Wildlife Adoption.
(1) There is hereby established a certified nonnative adoption program for the purpose of allowing persons certified pursuant to this rule to accept nonnative fish or wildlife from persons who have not obtained a permit from the Commission for possession of such fish or wildlife. Persons relinquishing nonnative fish or wildlife to a person certified pursuant to this rule are hereby deemed not to be in violation of any rule of the Commission requiring a permit to possess the relinquished animal.
(2) Applicants for certification to adopt nonnative fish and wildlife shall:
(a) Be at least 18 years of age at the time of application.
(b) Not be under investigation for or have been convicted of any:
1. Felony offense;
2. Violation of captive wildlife regulations in Chapter 68A-6, F.A.C.;
3. Violation of §828, F.S., involving cruelty to animals; or
4. State or federal violation involving importation of wildlife within three (3) years prior to the date of application.
(3) Applicants are subject to a criminal history background check conducted by the Commission.
(4) Applicants who adopt Class I, Class II, or Class III Captive Wildlife as specified in Rule 68A-6.005, F.A.C.; Reptiles of Concern as specified in Rule 68A-6.007; Conditional Species as specified in Rule 68-5.002, F.A.C.; or Prohibited Species as specified in Rule 68-5.003, F.A.C., shall hold a valid license or permit for the possession of these species at the date of adoption.
(5) Knowledge and Experience.
(a) Applicants must include a satisfactorily completed questionnaire that documents:
1. Applicant’s knowledge of natural history, general husbandry, nutritional requirements, and behavioral characteristics of the species of nonnative fish or wildlife they desire to adopt;
2. Facilities at which nonnative fish or wildlife will be maintained;
3. Applicant’s current captive wildlife permits and licenses; and
4. Current inventory of nonnative fish or wildlife
(b) Providing false information to document the applicant’s experience, by the applicant or any reference, is prohibited as provided in Sections 837.012 and 837.06, F.S., and constitutes grounds for denial of certification.
(6) Facility requirements.
(a) All persons certified to adopt, keep or possess nonnative fish and wildlife species must provide safe, secure and proper housing in cases, cages, aquaria, pits or enclosures, as appropriate or required by Commission rules.
(b) All cages at facilities belonging to more than one licensee at the same facility location shall be clearly identified or visibly marked with the name of the licensee or other identifier to facilitate inventory inspections.
(7) Inspection.
(a) Facilities for adopted non-native fish and wildlife are subject to inspection and approval by Commission personnel.
(b) Adopted non-native fish and wildlife are subject to inspection by Commission personnel. Commission personnel shall determine whether animals are securely, properly and safely housed. In the event that the animals are not safely or properly housed, Commission personnel shall report the situation in writing to the person possessing such species. Failure of the possessor to correct the situation within 30 days after such written notice shall be grounds for revocation of the certification.
(8) Adopted non-native fish and wildlife species shall be transported in a manner that complies with other rules of the Commission for the particular species being transported.
(9) Reports.
(a) Certified adopters shall furnish complete and accurate reports before December 31 of each year, detailing the status and disposal of each specimen adopted under this certification to:
(b) Certified adopters shall notify the Commission prior to the transfer of any Class I or Class II wildlife.
Specific Authority Art. IV, Sec. 9,