Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 34 No. 1, January 4, 2008 issue of the Florida Administrative Weekly.

68A-9.010 Taking Nuisance Wildlife.

Any person owning property may take nuisance wildlife or they may authorize another person to take nuisance wildlife on their behalf except those species listed in subsection (1) below on their property by any method except those methods listed in subsection (2) below. Persons responsible for government owned property are considered “landowners” for the purpose of this rule. The executive director or a designee may authorize the take of additional species of wildlife or additional methods of take for justifiable purposes by permit issued pursuant to Rule 68A-9.002, F.A.C.

(1) Wildlife that may not be taken as nuisance wildlife:

(a) Species listed in Chapter 68A-27, F.A.C.

(b) The following mammals:

1. Black bear.

2. Deer.

3. Bats – Except that bats may be taken either when:

a. That take is incidental to the use of an exclusion device, a device which allows escape from and blocks re-entry into a roost site located within a structure (including chemical repellants), at any time from August 15 to April 15 or

b. That take is incidental to permanent repairs which prohibit the egress of bats from a roost site located within a structure provided an exclusion device as described in sub-subparagraph a. above is used for a minimum of four consecutive days/nights for which the low temperature is forecasted by the U.S. National Weather Service to remain above 50F prior to repairs and during the time-period specified.

1. All birds listed in 50 C.F.R. §10.13 as protected by the Migratory Bird Treaty Act unless the take is authorized by the U. S. Fish and Wildlife Service by a permit or depredation order.

2. Bobwhite quail.

3. Wild turkey.

(2) Methods that may not be used to take nuisance wildlife:

(a) Gun and light, except as provided in paragraph (4)(b) below.

(b) Steel traps.

(c) Poison, other than those pesticides that are registered by the Florida Department of Agriculture and Consumer Services without additional authorizations and are only used in a manner consistent with the product labeling.

(d) Bat exclusion devices or any other intentional use of a device or material at a roost site which may prevent or inhibit the free ingress and/or egress of bats from April 16 through August 14.

(e) Any method prohibited pursuant to Section 828.12, F.S.

(3) Transportation and release of nuisance wildlife.

(a) Live captured nuisance wildlife transported under authority of this section may be done only for the purpose of euthanizing the nuisance wildlife, provided any euthanasia shall be humane as defined by the American Association of Zoo Veterinarians. Euthanasia of those species listed in subsection 68A-6.0022(2), F.A.C., is not required.

(b) Live captured nuisance wildlife may be released on the property of the landowner provided the release site and capture site are located on one contiguous piece of property.

(4) Take of nuisance wildlife on airport property.

(a) Wildlife listed in Chapter 68A-27, F.A.C., that pose an imminent jeopardy to aircraft safety and human life, may be harassed by persistent, non-injurious disturbance without physical capture or direct handling to disperse wildlife by airport operators or their agents on airport property in order to prevent collisions between aircraft and wildlife.

(b) Airport personnel may take deer or wild turkey on airport property if their presence poses a potential threat to aircraft safety and human life. Deer may be taken by the use of a gun and light at night. Carcasses of deer or wild turkey taken under this rule shall be buried, incinerated on-site or donated to a charitable, non-profit institution or agency. No deer or wild turkey carcasses taken under this rule shall be retained for use by airport personnel.

PROPOSED EFFECTIVE DATE: July 1, 2008.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-08.