Notice of Proposed Rule

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife
RULE NO: RULE TITLE
68A-9.010: Taking Nuisance Wildlife
PURPOSE AND EFFECT: The purpose of the proposed rule change is to clarify regulations relating to methods of take, provisions for release or euthanasia of nuisance wildlife and the take of bobcats. The effect of the proposed rule change is a clarification of regulations which will more clearly articulate FWC’s role and policy in nuisance wildlife issues.
SUMMARY: The proposed rule would clarify that bobcats may be taken under the authority of this rule only when the bobcat is causing or about to cause property damage, or when a bobcat is a threat to public safety; allow humane euthanasia as defined by the American Veterinary Medical Association; clarify that a chemical repellant may be used, but it is not an approved exclusion device for removal of bats from a structure; require live traps and snares to be inspected at least once every 24 hours; require live-captured nuisance wildlife to be released or euthanized within 24 hours of capture or trap inspection; and allow the transportation and release of nuisance wildlife at an off-site location if the following conditions are met: The nuisance wildlife must be a native species; the release site is within the same county of capture; the release site is a minimum of 40 contiguous acres; the person releasing the nuisance wildlife has written permission from the owner of the release site and the transportation of wildlife does not violate any rabies alert or area quarantine issued by a County Health Department or County Animal Service.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will ____or will not __X__have an impact on small business. A SERC has ____ or has not _X_ 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.
SPECIFIC AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the regular meeting of the Commission, February 17-18, 2010, 8:30 a.m. – 5:00 p.m., each day
PLACE: Franklin County Courthouse, 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: Michael Yaun, Deputy General Counsel, Florida Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600

THE FULL TEXT OF THE PROPOSED RULE IS:

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. Notwithstanding the provisions of this section, the The executive director or a designee may issue permits authorizing authorize the take of additional species of wildlife, or additional methods of take or alternative forms of disposition and transportation for justifiable purposes by permit issued pursuant to Rule 68A-9.002, F.A.C., provided authorizations shall be denied or revoked upon reasonable conclusion that the requested or permitted activity would be detrimental to fish and wildlife resources or public health and safety.

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

(a) No change.

(b) The following mammals:

1. through 2. No change.

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

a. The 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, or incidental to the use of a registered chemical repellant, (including chemical repellants), at any time from August 15 to April 15 or

b. The 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 50° F prior to repairs and during the time-period specified.

4. Bobcat – Except that a bobcat may be taken, as provided by subsections (2), (3) and (4) below, when it causes or is about to cause property damage, or presents a threat to public safety.

(c) No change.

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

(a) Gun and light, except as provided in paragraph (5)(b) (4)(b) below.

(b) No change.

(c) Live traps and snares unless they are visited at intervals not exceeding 24 hours.

(c) through (e) renumbered (d) through (f) No change.

(3) Disposition of live-captured nuisance wildlife.

(a) Wildlife live captured by any method shall be released or euthanized within 24 hours following capture or inspection of a trapping device containing wildlife, provided any species described in subsection (1) above or any non-target wildlife shall be released immediately at the site of capture.

(b) Nuisance wildlife may only be released if:

1. The nuisance wildlife is released on the property of the landowner provided the release site and capture site are located on one contiguous piece of property or

2. The nuisance wildlife is a native species and,

3. The property where the nuisance animal is to be released is located within the county of capture and is a minimum of 40 contiguous acres and

4. The person releasing the nuisance wildlife is in possession, at time of release, of written permission from the property owner allowing such action.

(c) Euthanasia of nuisance wildlife shall be humane as defined by the American Association of Zoo Veterinarians or the American Veterinary Medical Association.

(d) The provisions of this subsection shall not prohibit the personal possession of wildlife as authorized by subsection 68A-6.0022(2), F.A.C.

(4)(3) Transportation and release of nuisance wildlife.

(a) Live-captured nuisance wildlife may be transported under authority of this section only for:

1. The purpose of euthanasia as provided in subsection (3) above or

2. The purpose of release as provided in subsection (3) above.

(b) Transportation of wildlife authorized by this section shall not supersede the provisions of any rabies alert or area quarantine issued by County Health Departments or County Animal Services.

(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.

(5)(4) Take of nuisance wildlife on airport property.

(a) through (b) No change.

PROPOSED EFFECTIVE DATE: July 1, 2010.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-08, Amended 7-1-10.

 

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: Roland Garcia, Regional Director, 3377 East U.S. Highway 90, Lake City, Florida 32409-1658
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 9, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 11, 2009