Notice of Development of Rulemaking

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife
RULE NO: RULE TITLE
68A-1.004: Definitions
PURPOSE AND EFFECT: The purpose and effect of this rule development effort is to define “captive wildlife,” “critical incident,” “natural disaster,” “reptiles of concern,” and “venomous reptiles.”
SUBJECT AREA TO BE ADDRESSED: The proposed rule will define “captive wildlife,” “critical incident,” “natural disaster,” “reptiles of concern,” and “venomous reptiles.”
SPECIFIC AUTHORITY: Art. IV, Sec. 9, Florida Constitution
LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: RULE DEVELOPMENT WORKSHOPS WILL BE HELD AT THE TIMES, DATES AND PLACES SHOWN BELOW:
DATE AND TIME: August 21, 2006, 6:00 p.m. – 8:00 p.m.
PLACE: Doyle Connor Building, Department of Agriculture, Division of Plant Industry,
1911 S.W. 34th Street, 1st Floor Auditorium, Gainesville, FL 32608-1201
DATE AND TIME: August 22, 2006, 6:00 p.m. – 8:00 p.m.
PLACE: Tampa Port Authority, 1101 Channelside Drive, 1st Floor Board Room, Tampa, FL 33602
DATE AND TIME: August 23, 2006, 6:00 p.m. – 8:00 p.m.
PLACE: Broward County Main Library, 100 S. Andrews Avenue, 8th Floor, Rooms 8A & 8B,
Ft. Lauderdale, FL 33301-1830
DATE AND TIME: August 28, 2006, 6:00 p.m. – 8:00 p.m.
PLACE: Pensacola Junior College, 1000 College Blvd., Hagler Auditorium, Bldg. 2 Room 252, Pensacola, FL 32504-8910
DATE AND TIME: August 29, 2006, 6:00 p.m. – 8:00 p.m.
PLACE: Florida Fish and Wildlife Conservation Commission, Bryant Building, 620 S. Meridian Street, 2nd Floor, Room 272, Tallahassee, FL 32399-1600
PLACE:
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 7 days before the workshop/meeting by contacting: 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: Captain Linda Harrison, Division of Law Enforcement, Investigations Section, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, (850) 488-6253.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

68A-1.004              Definitions.

        The following definitions are for the purpose of carrying out the provisions of the rules of the Fish and Wildlife Conservation Commission relating to wild animal life and freshwater aquatic life. As used herein, the singular includes the plural. The following shall be construed respectively to mean:

        Subsections (1) through (19) NO CHANGE

        (20) Captive wildlife – Any wildlife, specifically birds, mammals, reptiles, or amphibians maintained in captivity for exhibition, sale, personal use, propagation, preservation, rehabilitation, protection or hunting purposes.

        Present subsections (20) through (22) renumbered as subsections (21) through (23) but otherwise are not changed.

        (24) Critical Incident – Any condition which results in the release or escape of captive wildlife from its enclosure, cage, leash, or other constraint.

        Present subsections (23) through (47) renumbered as subsections (25) through (49) but otherwise are not changed.

        (50) Natural Disaster – A hurricane or other severe storm, flood, fire, or any other natural or man made disaster.

        Present subsections (48) through (64) renumbered as subsections (51) through (67) but otherwise are not changed.

        (68) Reptiles of Concern – As designated by the Commission, any member of the class Reptilia, including subspecies, taxonomic successors or hybrids thereof, which due to its nature, habits or potential to impact the environment, may be possessed and housed only in accordance with the regulations provided for reptiles of concern.

        Present subsections (65) through (86) renumbered as subsections (69) through (90) but otherwise are not changed.

        (91) Venomous Reptiles – All members of the class Reptilia including their taxonomic successors, subspecies or any hybrid thereof, regardless of surgical alteration, belonging to the families Elapidae, Crotalidae, Viperidae, and Hydrophiidae; all animals in the genus Heloderma; and all animals in the family Colubridae belonging to the genera Rhabdophis, Boiga, Dispholidus, Thelatornis, and Atractapsis; or their taxonomic successors and any other reptile species determined to have the potential to cause serious human injury due to the toxic effects of its venom or poison.

        Present subsections (87) through (92) renumbered as subsections (92) through (97) but otherwise are not changed.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-15-81, 11-17-81, 6-21-82, 7-1-83, 7-1-84, 7-1-85, Formerly 39-1.04, Amended 6-1-86, 5-10-87, 10-8-87, 3-1-88, 4-13-88, 4-27-89, 4-11-90, 7-1-92, 4-20-93, 3-1-94, 7-1-94, 4-1-96, 11-23-97, 7-1-98, 6-23-99, Formerly 39-1.004, Amended 7-1-00, 5-1-01, 5-1-03, 7-1-04, 5-26-05, 7-1-06, _______________.