Notice of Proposed Rule

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife
Rule No. : RULE TITLE :
68A-12.004: Possession or Sale of Birds or Mammals; Taxidermy Operations and Mounting Requirements
PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to establish a telephone and internet based white-tailed deer harvest reporting system. The effect of the proposed rule amendment will be to enable the agency to better manage white-tailed deer populations throughout the state.
SUMMARY: The proposed rule amendment would require taxidermists to record the deer harvest reporting system confirmation number for deer taken in Florida; require commercial meat processors to maintain a logbook for any deer meat or parts possessed or received that includes the first and last name of the person taking or acquiring the deer, the person’s address, and date taken or acquired; require log entries for deer taken in Florida to include the customer number (if applicable) of the person who killed it and the harvest reporting system confirmation number; require the log book be kept on the premises for inspection by Commission personnel; require all deer and portions thereof to remain tagged with the hunter’s harvest tag until processed and packaged for final consumption.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this will not have an impact on small business. An SERC has not been prepared by the agency.
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.
RULEMAKING AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution 375.313 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the regular meeting of the Commission, February 23-24, 2011, 8:30 a.m. – 5:00 p.m., each day
PLACE: Franklin County Courthouse, 3rd Floor Courtroom, 33 Market Street, Apalachicola, FL 32320
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 IS: Diane R. Eggeman, Director, Division of Hunting and Game Management, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600

THE FULL TEXT OF THE PROPOSED RULE IS:

68A-12.004 Possession or Sale of Birds or Mammals; Taxidermy Operations and Mounting Requirements; Commercial Deer Processing Requirements.

(1) through (10) No change.

(11) Taxidermy operations and mounting requirements:

(a) Any person engaged in taxidermy shall tag all carcasses (whole specimens), untanned hides, and uncured animal parts of fish and wildlife, possessed or received with the first and last name of the person taking or acquiring such fish or wildlife, the person’s address, and date taken or acquired. In addition, deer taken in the state shall also have the customer number (if applicable) of the person who killed it and the Harvest Reporting System confirmation number recorded on the tag. As an alternative to individual tagging, persons engaged in taxidermy may choose to use a log book and numbering system. The log book shall contain the same information required of the tag, and the the name of the person taking or acquiring such fish or wildlife, the person’s address and the date taken or acquired. carcass, untagged hide, or uncured animal part shall be assigned a number, which shall be affixed to the specimen so as to be readily identifiable and traceable to the log book information. The log book shall be kept on premises for inspection by Commission personnel.

(b) through (e) No change.

(12) No change.

(13) Commercial meat processors must maintain a logbook for any deer meat or parts possessed or received that includes the first and last name of the person taking or acquiring the deer, the person’s address, and date taken or acquired. In addition, log entries for deer taken in Florida shall also have the customer number (if applicable) of the person who killed the deer and the harvest reporting system’s confirmation number. The log book shall be kept on the premises for inspection by Commission personnel. All deer and portions thereof must remained tagged with the hunter’s harvest tag until processed and packaged for final consumption.

PROPOSED EFFECTIVE DATE: July 1, 2011.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-4-81, 6-21-82, 7-5-84, Formerly 39-12.04, Amended 5-10-87, 6-8-87, 4-20-94, 8-7-97, Formerly 39-12.004, Amended 7-1-11.

 

BE ADVISED THAT THESE PROPOSED RULES MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE FOLLOWING THE COMMISSION MEETING AT WHICH THEY ARE CONSIDERED IF THE RULES ARE NOT CHANGED. IF CHANGED, THE RULES MAY BE FILED AS SOON AS POSSIBLE AFTER PUBLICATION OF A NOTICE OF CHANGE IN THE F.A.W.


NAME OF PERSON ORIGINATING PROPOSED RULE: Diane R. Eggeman, Director, Division of Hunting and Game Management, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 1, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 14, 2011