Notice of Change/Withdrawal

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife
RULE NO: RULE TITLE
68A-6.002: Categories of Captive Wildlife
68A-6.0022: Possession of Class I, II, or III Wildlife in Captivity; Permit Requirements
68A-6.0023: General Regulations Governing Possession of Captive Wildlife
NOTICE OF CHANGE
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. 35 No. 19, May 15, 2009 issue of the Florida Administrative Weekly.

Proposed amendment to Rule 68A-6.002 has been changed to delete the following word in paragraph (1)(d):

(d) Hybrids resulting from the cross between wildlife and domestic animal, which are substantially similar in size, characteristics and behavior so as to be substantially indistinguishable from the wild animal shall be regulated as wildlife at the higher and more restricted class of the wild parent.

Proposed amendment to Rule 68A-6.0022 has been changed to include the following new language as shown in subparagraph (5)(c)1.:

1. Applicants shall demonstrate no less than one (1) year of substantial practical experience (to consist of no less than 1,000 hours) in the care, feeding, handling and husbandry of the species for which the permit is sought, or other species, within the same biological family (except crocodilians which shall be in the same biological order; ratites which shall be in the same biological sub-order; and cougars, panthers or cheetahs which shall remain at the genus level), which are substantially similar in size, characteristics, behavior, habits, care and nutritional requirements to the species for which the permit is sought.

Proposed amendment to Rule 68A-6.0023 has been changed to include the deletion of one word and addition of the following new language as shown in subsection (3):

(3) Unconfined captive wildlife shall be maintained under rigid supervision and control, so as to prevent injuries to members of the public. No captive wildlife shall be tethered outdoors unsupervised. To provide for public safety, all wildlife shall be tethered or controlled in such a manner as to prevent physical contact with the public and a structural safety barrier, as provided in paragraph (2)(b) above, must be present to prevent physical contact with unconfined Class I or Class II wildlife except in instances where public contact is allowed in paragraph (3)(a) below.

Proposed amendment to Rule 68A-6.0023 has been changed to include the following new word as shown in paragraph (3)(a):

(a) Public contact and exhibition.

Proposed amendment to Rule 68A-6.0023 has been changed to include the following new language as shown in subparagraph (3)(a)1.:

1. General: All Class I, II, or III wildlife that will be used for contact with the public shall have been evaluated by the exhibitor to insure compatibility with the uses intended. All wildlife shall be exhibited in a manner that prevents injuries to the public and the wildlife. The exhibitor shall take reasonable sanitary precautions to minimize the possibility of disease or parasite transmission which could adversely affect the health or welfare of citizens or wildlife. When any conditions exists that results in a threat to human safety, or the welfare of the wildlife, the animal(s) shall, at the direction of a Commission officer, be immediately removed from public contact for an interval necessary to correct the unsafe or deficient condition.

Proposed amendment to Rule 68A-6.0023 has been changed to include the following addition and deletion of language as shown in subsection (6):

(6) No person shall possess any wildlife requiring a permit for personal use, or any wildlife for sale or exhibition, without documentation of the source and supplier of such wildlife. Possessors of such wildlife must maintain an accurate record of all changes in inventory including births, deaths, acquisitions and sales or transfers of all wildlife. Possessors of Class I or Class II wildlife must also maintain an accurate record of all births and deaths. Such records shall be open to inspection upon request by commission personnel.

No other changes were made to the rule amendments as proposed.