reglab/statecodes huggingface dataset:
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68 - Departmental › Chapter 68-1 - GENERAL PROVISIONS › Section 68-1.009 - Delegations of Authority to the Executive Director

Current through Reg. 50, No. 138; July 16, 2024
The Delegations of Authority by the Fish and Wildlife
				  Conservation Commission to the Executive Director (dated October 2020) is
				  hereby incorporated by reference and available at:
http://www.flrules.org/Gateway/reference.asp?No=Ref-12526
.
				  The incorporation of this delegation into rule does not preclude or prohibit
				  the Commission from granting additional delegations of authority to its
				  Executive Director from time-to-time as may be necessary to assure orderly
				  administration of the agency. Any actions to be taken, or decisions to be made,
				  by the Commission pursuant to any rule of the agency may be exercised by the
				  Executive Director or his or her designee unless such actions or decisions are
				  expressly reserved by the Commission in the rule or are specifically required
				  by law to be made by the Commission in an area not involving the Commission's
				  constitutional authority.
Rulemaking Authority Article IV, Sec. 9, Fla. Const. Law
					 Implemented Art IV, Sec. 9, Fla.
					 Const.
New 1-8-08, Amended 10-23-08, 9-9-13,
					 2-3-21.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68 - Departmental › Chapter 68-1 - GENERAL PROVISIONS › Section 68-1.010 - General Regulations Relating to Licenses, Permits and Other Authorizations

Current through Reg. 50, No. 138; July 16, 2024
The following shall apply to all licenses, permits or other
				  authorizations in addition to requirements specific to individual
				  licenses.
(1) The Commission shall
				deny applications for any license, permit or other authorization based upon any
				one or more of the following grounds:
(a)
				Submission by the applicant of false, misleading, or inaccurate information in
				the application or in any supporting documentation provided by the applicant or
				on behalf of the applicant relating to the license, permit, or other
				authorization, or omission of any information which has a false, misleading or
				inaccurate effect.
(b) Failure of
				the applicant to meet eligibility requirements or criteria for issuance of the
				license, permit or other authorization.
(c) Authorization to conduct the activities
				requested in the application will endanger the health, safety or welfare of the
				public, wild animal life, fresh water aquatic life or marine life.
(d) Applicant has received a disposition
				other than acquittal or dismissal of any provision of chapters 369, 379 or 828,
				F.S., or rules of the Commission, or other similar laws or rules in this or any
				jurisdiction that relate to the subject matter of the license, permit or
				authorization sought.
(e) Failure
				by the applicant at any time to comply with chapters 369, 379 or 828, F.S., or
				the rules of the Commission or other laws or rules relating to the subject
				matter of the license, permit, or other authorization sought.
(f) Submission by the applicant of materially
				false information in any previously submitted or pending application or
				supporting documentation relating to the application.
(g) Failure to comply with any final order
				issued by the Commission, or pay fines or license fees due to the
				Commission.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68 - Departmental › Chapter 68-1 - GENERAL PROVISIONS › Section 68-1.011 - Military/Disabled Veteran License Exemption Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to Section
				379.353(2)(q),
				F.S., the Executive Director or his or her designee shall issue
				military/disabled veteran license exemption permits (MDVE permits) exempting
				the following persons from the recreational licenses and permits authorized by
				Section 379.354, F.S., for the duration
				of a specified event: disabled veterans certified by the United States
				Department of Veterans Affairs or its predecessor or by any branch of the
				United States Armed Forces to have a service-connected disability percentage
				rating of zero or higher; active duty or reserve duty servicemembers of any
				branch of the United States Armed Forces, the United States Coast Guard,
				military reserves, the Florida National Guard, or the United States Coast Guard
				Reserve; the immediate family members of these disabled veterans or military
				personnel; and one additional person to assist each disabled veteran. For
				purposes of this subsection, an event is an organized, time-limited occasion
				for the primary purpose of the rehabilitation or enjoyment of the above-listed
				disabled veterans or military personnel. An individual or entity interested in
				hosting an event using the MDVE exemption must apply in the manner specified by
				the Commission a minimum of 10 business days before the start of an event. MDVE
				permit holders shall ensure that all exempted event participants meet all
				requirements of the statute.
(2)
				The MDVE permit only provides an exemption from recreational licenses and
				permits authorized by Section
				379.354, F.S.; additional
				permits may be required. The MDVE permit does not exempt permittees or event
				participants from size limits, bag limits, slot limits, gear restrictions,
				seasons, or any other harvest restrictions.
(3) Exemptions from authorizations required
				for limited-entry activities are not available.
(4) The MDVE permit shall only be issued for
				events that do not unduly impact resources, interfere with other users, or
				impose significant costs to the Commission.
(5) The Commission shall impose upon any MDVE
				permit such reasonable conditions as are necessary to assure that the use or
				activity authorized will limit liability to the agency and protect fish,
				wildlife, natural, and cultural resources.
(6) Violations of this rule or of the terms
				of the MDVE permit may result in the revocation of the permit and the denial of
				future permit applications pursuant to Rule
				68-1.010,
				F.A.C.
Rulemaking AuthorityArt. IV, Sec. 9, Florida Constitution;
					 379.353(2)(q)
					 FS. Law Implemented Art. IV, Sec. 9, Florida Constitution;
					 379.353(2)(q)
					 FS.
New 1-7-14.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68 - Departmental › Chapter 68-1 - GENERAL PROVISIONS › Section 68-1.012 - Verification of Residency for the Purpose of Recreational Licenses and Permits

Current through Reg. 50, No. 138; July 16, 2024
For the purpose of providing proof of residency to obtain a
				  resident recreational license, permit, or authorization, customers must submit
				  one form of documentation as indicated below.
(1) When using the Commission's online
				licensing system or when ordering by telephone:
(a) A valid Florida driver license;
				or
(b) An identification card that
				has both a Florida address and a Florida residency verified by the Department
				of Highway Safety and Motor Vehicles.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68 - Departmental › Chapter 68-5 - RULES RELATING TO NON-NATIVE SPECIES › Section 68-5.003 - Introduction of Non-Native Species into the State

Current through Reg. 50, No. 138; July 16, 2024
(1) No person shall transport into the state,
				introduce, or possess, for any purpose that might reasonably be expected to
				result in liberation into the state, any freshwater fish, aquatic invertebrate,
				marine plant, marine animal, or wild animal life not native to the state,
				without having secured a permit from the Commission, except:
(a) Fathead minnow (
Pimephales
				promelas
).
(b) Variable
				platy (
Xiphophorus variatus
).
(c) Coturnix quail (
Coturnix
				coturnix
).
(d) Ring-necked
				pheasant (
Phasianus colchicus
).
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68 - Departmental › Chapter 68-5 - RULES RELATING TO NON-NATIVE SPECIES › Section 68-5.005 - Possession of Conditional Non-Native Species

Current through Reg. 50, No. 138; July 16, 2024
No person shall import into the state, sell, possess, or
				  transport any live specimens of the species, or hybrids or eggs thereof, listed
				  in Rule 68-5.004, F.A.C., except by
				  Conditional/Prohibited/Nonnative species permit and as provided in subsections
				  (1) through (6) below:
(1) Permits
				shall be issued only to individuals or institutions engaged in research, or to
				commercial import or export businesses, public aquaria, public zoological
				parks, or public exhibitors providing educational exhibits. Permits shall not
				be issued for display of these species in private aquaria, private zoological
				parks, or for personal possession, except as provided in Rule
				68-5.004, F.A.C.
(2) Any person engaged in aquaculture who
				possesses a valid certificate of registration from the Department of
				Agriculture and Consumer Services issued pursuant to Chapter 597, F.S., and who
				is authorized to possess such species in accordance with Chapter 597, F.S., is
				not required to obtain the permit.
(3) Conditional freshwater fish and aquatic
				invertebrate species:
(a) Species held
				outdoors may only be held in a water body that has the lowest point of the top
				edge of its levee, dike, bank, or tank at an elevation of at least one foot
				above the 100-year flood elevation determined by reference to elevation maps
				issued by the National Flood Insurance Program, U.S. Department of Homeland
				Security. Such water body shall have no water discharge or shall be constructed
				with a barrier system designed to prevent escape of adults, juveniles, and eggs
				in the water effluent discharged from the permittee's property. Public
				visitation at facilities in possession of conditional non-native species shall
				occur only under supervision of the permittee or his/her designee.
(b) Conditional freshwater fish and aquatic
				invertebrate species held indoors may only be held in culture systems having no
				water discharge, having a water discharge through a closed drain system, or
				other system designed to prevent discharge of water containing adults,
				juveniles and eggs from the permittee's property.
(c) Conditional non-native aquatic species
				shall not be taken on a fee- or for-hire basis using hook and line or rod and
				reel.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68 - Departmental › Chapter 68-5 - RULES RELATING TO NON-NATIVE SPECIES › Section 68-5.006 - Prohibited Non-Native Species

Current through Reg. 50, No. 138; July 16, 2024
Live specimens of the following species, including their
				  taxonomic successors, subspecies, or hybrids or eggs thereof may be possessed
				  only pursuant to permit issued by the Executive Director except as provided in
				  Rule 68-5.007, F.A.C.
(1) Non-native freshwater aquatic species:
(a) African electric catfishes (Family
				Malapteruridae, all species).
(b)
				African tigerfishes (Genus
Hydrocynus
, all species).
(c) Airbreathing catfishes (Family Clariidae,
				all species except
Clarias batrachus
).
(d) Candiru catfishes (Family
				Trichomycteridae, all species).
(e)
				Freshwater electric eels (
Electrophorus electricus
).
(f) Lampreys (Family Petromyzontidae, all
				species).
(g) All species of
				piranha and pirambeba (subfamily Serrasalminae).
(h) Snakeheads (Family Channidae, all
				species).
(i) Tilapias (Genera
Tilapia
,
Sarotherodon
,
Alcolapia
and
Oreochromis
, all species except
Oreochromis aureus
,
Oreochromis urolepis
,
Oreochromis mossambicus
, and
Oreochromis
				niloticus
).
(j) Trahiras
				or Tigerfishes (Family Erythrinidae, all species).
(k) Airsac catfishes (Family
				Heteropneustidae, all species).
(l)
				Green sunfish (
Lepomis cyanellus
).
(m) Australian crayfish (Genus
Cherax
, all species except
Cherax
				quadricarinatus
cultured in a closed tank system).
(n) Zebra mussel (
Dreissena
				polymorpha
).
(o) Quagga
				mussel (
Dreissena bugensis
).
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68 - Departmental › Chapter 68-5 - RULES RELATING TO NON-NATIVE SPECIES › Section 68-5.009 - Lionfish

Current through Reg. 50, No. 138; July 16, 2024
(1) As used in this rule, "lionfish" means
				any finfish of the genus
Pterois.
(2) The importation of live lionfish or
				hybrids or eggs thereof is prohibited.
(3) Live lionfish imported from outside the
				State of Florida after August 1, 2014, may not be sold, offered for sale,
				bartered, or otherwise exchanged.
(4)
(a)
				Except as provided in paragraph (b), a wholesale or retail dealer, or any other
				wholesale or retail establishment possessing live lionfish, or any hybrids
				thereof may only possess live lionfish harvested from Florida waters or
				adjacent federal waters. Any wholesale or retail establishment shall maintain
				the invoices, receipts, bills of sale, bills of lading, or other documentation
				affirmatively showing that all lionfish possessed or purchased by the dealer
				have been sourced from Florida waters or adjacent federal waters.
(b) A wholesale dealer or retailer may
				possess and offer for sale live lionfish imported prior to August 1, 2014.
				However, the burden shall be upon any person possessing imported live lionfish
				to establish the chain of possession from the initial transaction after
				harvest, by appropriate receipt(s), bill(s) of sale, or bill(s) of lading, and
				to show that such live lionfish were imported and entered the state in
				interstate commerce prior to August 1, 2014. Failure to maintain such
				documentation or to promptly produce same at the request of any duly authorized
				law enforcement officer shall constitute a violation of this
				section.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-1 - GENERAL: OWNERSHIP, SHORT TITLE, SEVERABILITY AND DEFINITIONS › Section 68A-1.001 - Short Title

Current through Reg. 50, No. 138; July 16, 2024
These rules and regulations shall be designated as the
				  Wildlife Code of the State of Florida and shall be in full force and
				  effect.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const.,
					 379.1025 FS. Law Implemented
					 120.53 FS, Art. IV, Sec. 9, Fla.
					 Const.
New 8-1-79, Formerly 39-1.01,
					 39-1.001.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-1 - GENERAL: OWNERSHIP, SHORT TITLE, SEVERABILITY AND DEFINITIONS › Section 68A-1.002 - Regulation of Wild Animal Life and Freshwater Aquatic Life in the State

Current through Reg. 50, No. 138; July 16, 2024
All freshwater aquatic life in the waters within the
				  jurisdiction of the State of Florida, whether such waters or the lands upon
				  which such waters occur are privately owned or otherwise, is subject to the
				  regulation of the Commission. All wild animal life within the jurisdiction of
				  the State of Florida, whether such wild animal life is privately owned or
				  otherwise, is subject to the regulation of the Commission. The Commission shall
				  regulate migratory birds consistent with the laws of the United States
				  governing the conservation and protection of all migratory
				  birds.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 8-1-79, Amended 6-21-82, Formerly 39-1.02, Amended
					 4-12-98, Formerly 39-1.002.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-1 - GENERAL: OWNERSHIP, SHORT TITLE, SEVERABILITY AND DEFINITIONS › Section 68A-1.003 - Regulations Are Severable

Current through Reg. 50, No. 138; July 16, 2024
The provisions of these regulations are hereby declared to be
				  severable, and if any provision or the application thereof be held invalid, the
				  remainder thereof shall not be affected thereby and the Commission declares it
				  would have established the remaining provisions notwithstanding any such
				  invalidity.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented 120.53
					 FS.
New 8-1-79, Formerly 39-1.03,
					 39-1.003.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-2 - ORGANIZATION, PRACTICE, PROCEDURE AND POLICIES › Section 68A-2.014 - Minority Business Enterprise Procurement Activities (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Art. IV, Sec. 9, Fla. Const.,
					 372.021 FS. Law Implemented Art.
					 IV, Sec. 9, Fla. Const.,
					 287.042,
					 287.0947
					 FS.
New 12-12-88, Amended 8-23-92, Formerly 39-2.014,
					 Transferred to 68-1.002.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-2 - ORGANIZATION, PRACTICE, PROCEDURE AND POLICIES › Section 68A-2.015 - Florida Fish and Wildlife Conservation Commission Grants Program (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 370.023 FS., Art. IV, Sec. 9,
					 Fla. Const. Law Implemented
					 370.023 FS., Art. IV, Sec. 9,
					 Fla. Const.
New 4-4-04, Amended 3-15-05, Transferred to
					 68-1.003.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-3 - WILDLIFE OFFICERS: APPOINTMENT, POWERS AND DUTIES › Section 68A-3.002 - Powers of Wildlife Officers and Other Designated Assistants

Current through Reg. 50, No. 138; July 16, 2024
Those state officers who are vested with powers of arrest and
				  those municipal police officers and deputy sheriffs acting within the scope of
				  their police jurisdiction are empowered to enforce all laws or rules relating
				  to wild animal life and freshwater aquatic life.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const.,
					 379.1025 FS. Law Implemented
					 379.3311
					 FS.
New 8-1-79, Amended 6-21-82, Formerly 39-3.02, 39-3.002,
					 Amended 9-25-18.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-3 - WILDLIFE OFFICERS: APPOINTMENT, POWERS AND DUTIES › Section 68A-3.004 - Wildlife Reserve Program (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Art. IV, Sec. 9, Fla. Const.,
					 379.1025 FS. Law Implemented
					 379.3311
					 FS.
New 8-1-79, Amended 6-21-82, 7-1-84, Formerly 39-3.04,
					 39-3.004, Repealed 9-25-18.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-4 - GENERAL PROHIBITIONS AND REQUIREMENTS › Section 68A-4.001 - General Prohibitions

Current through Reg. 50, No. 138; July 16, 2024
(1) No wildlife
				or freshwater fish or their nests, eggs, young, homes or dens shall be taken,
				transported, stored, served, bought, sold, or possessed in any manner or
				quantity at any time except as specifically permitted by these rules nor shall
				anyone take, poison, store, buy, sell, possess or wantonly or willfully waste
				the same except as specifically permitted by these rules.
(2) The use of gasoline or any other chemical
				or gaseous substances to drive wildlife from their retreats is
				prohibited.
(3) Intentionally
				placing food or garbage, allowing the placement of food or garbage, or offering
				food or garbage in such a manner that it attracts coyotes, foxes or raccoons
				and in a manner that is likely to create or creates a public nuisance is
				prohibited.
(4)
(a) Intentionally feeding bears is prohibited
				except as provided for in this Title.
(b) Placing food or garbage, allowing the
				placement of food or garbage, or offering food or garbage that attracts bears
				and is likely to create or creates a nuisance is prohibited after receiving
				prior written notification from the Commission.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-4 - GENERAL PROHIBITIONS AND REQUIREMENTS › Section 68A-4.002 - Take of Wildlife and Freshwater Fish with a Gun at Night; Exceptions

Current through Reg. 50, No. 138; July 16, 2024
(1) Except when Commission rule or permit
				specifically authorizes take of wildlife or freshwater fish with a gun during
				non-daylight hours and except to the extent allowed by subsection (2), below,
				the take of wildlife or freshwater fish with a gun between one-half hour after
				sunset and one-half hour before sunrise is prohibited.
(2) On privately owned lands, the land owner
				or designee may take wild hog, coyote, and non-protected mammals with a gun and
				light during non-daylight hours.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const.,
					 379.1025 FS. Law Implemented
					 Art. IV, Sec. 9, Fla. Const.,
					 379.3015,
					 379.404(2)
					 FS.
New 8-1-79, Amended 6-21-82, Formerly 39-4.02, 39-4.002,
					 Amended 4-3-08, 7-27-10, 3-25-12.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-4 - GENERAL PROHIBITIONS AND REQUIREMENTS › Section 68A-4.004 - Possession of Wildlife or Freshwater Fish or the Carcasses Thereof

Current through Reg. 50, No. 138; July 16, 2024
(1) Whenever the taking or possession of
				wildlife or freshwater fish is prohibited, the possession of any carcass or
				portion of the carcass of such wildlife or freshwater fish is prohibited. The
				possession of any wildlife or freshwater fish showing evidence of being taken
				by any unlawful method is prohibited. Wildlife or freshwater fish lawfully
				taken during the open season and properly identified may be possessed and
				stored in freezers or freezer lockers except when otherwise provided in Rule
				68A-12.004 or
				68A-23.006, F.A.C.
(2) No person shall possess the carcass or
				parts thereof of any member of the species felis concolor (cougar or panther),
				unless such carcass or parts thereof is of an animal for which possession was
				permitted under Rule 68A-6.002 or
				68A-6.0011, F.A.C., or was
				lawfully acquired outside this state and is possessed in accordance with
				subsection 68A-12.004(10),
				F.A.C.
(3) Black bass, striped bass
				and white bass or their hybrids, peacock bass, or black crappie and panfish
				(for black crappie and panfish, only in waters where minimum-length or
				slot-size limits for these fish apply) may not be filleted, nor their head or
				tail fin removed, until the angler has completed fishing for the day.
(4) The prohibition in subsection (1), does
				not apply to deer carcass or parts thereof from a deer that was killed by
				accidental collision with a vehicle.
(5) No person shall possess the carcass or
				parts thereof of any black bear, unless such carcass or parts thereof is of an
				animal for which possession was permitted under Chapter 68A-6, F.A.C. or was
				legally taken or acquired and is possessed in accordance with subsection
				68A-12.004(12),
				F.A.C.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 8-1-79, Amended 6-4-81, 6-21-82, Formerly 39-4.04,
					 Amended 5-10-87, 7-1-89, 7-1-96, Formerly 39-4.004, Amended 7-1-00, 7-1-10,
					 7-29-15.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-4 - GENERAL PROHIBITIONS AND REQUIREMENTS › Section 68A-4.005 - Introduction of Carriers of Disease; Inspection

Current through Reg. 50, No. 138; July 16, 2024
(1) No person shall release or introduce in
				the state any wildlife, freshwater fish or any other organism that might
				reasonably be expected to transmit any disease to wildlife or freshwater fish.
(a) Any representative of the Commission may
				inspect all records, ponds, pools, vehicles and other facilities used to
				produce, grow, store or transport freshwater aquatic organisms. Inspection may
				be made of such facilities wherein foreign or non-native species of freshwater
				aquatic organisms are propagated for any commercial purpose so as to determine
				that such species or their eggs are not allowed to escape into the waters of
				the state or to determine whether freshwater aquatic organisms are infected or
				diseased. In the event that an epizootic aquatic disease among cultured aquatic
				freshwater organisms presents a threat to public health or to fish or wildlife
				resources, freshwater aquatic organisms exposed to or exhibiting such disease
				may be quarantined, confiscated or destroyed as a public nuisance without
				compensation to anyone having a financial interest in such organisms.
(b) Any freshwater aquatic organism that may
				be discovered in ponds, pools, vehicles or other facilities and which in the
				determination of the executive director would be detrimental to fish or
				wildlife resources if released or placed in the waters of the state, shall be
				confiscated and destroyed as a public nuisance.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-4 - GENERAL PROHIBITIONS AND REQUIREMENTS › Section 68A-4.0051 - Importation of Deer, Elk and Other Wildlife Species in the Family of Cervidae

Current through Reg. 50, No. 138; July 16, 2024
In addition to other requirements of Chapter 379, F.S., and
				  Division 68A, F.A.C., and in order to prevent the introduction of Chronic
				  Wasting Disease (CWD) into the captive and wild deer of this state, no person
				  shall receive, possess, transport, or carry into the state by any means any
				  live deer, elk or other species of the family Cervidae originating from
				  out-of-state unless permitted pursuant to Chapter 68A-6, F.A.C., and as
				  provided herein.
(1) Zoos that meet or
				exceed all applicable Association of Zoos and Aquariums (AZA) accreditation
				standards (2013 Edition - available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-03316
),
				which are adopted and incorporated herein by reference, are authorized to
				receive cervids from out-of-state (except for white-tailed deer which shall not
				be received from out-of-state) from another facility that meets or exceeds all
				applicable AZA accreditation standards.
(2) Any person is authorized to receive
				Reindeer (
Rangifer tarandas)
temporarily, for no longer than
				90 days, provided that the reindeer being received have not originated from or
				been possessed at a premises or facility located in a county or a county
				adjoining a county where CWD has been documented, and are not located at a
				premises or facility in Florida with other species of the family Cervidae.
Cervids being moved shall not be commingled with cervids from
				  other sources during transfer. No person shall violate Chapter 5C-26,
				  F.A.C.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 10-16-02, Amended 2-27-03,
					 11-12-13.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-4 - GENERAL PROHIBITIONS AND REQUIREMENTS › Section 68A-4.0052 - Possession and Release of Live Mallards

Current through Reg. 50, No. 138; July 16, 2024
(1) No person shall possess, import, sell or
				otherwise transfer, or release live mallards (
Anas
				platyrhynchos
), except as provided in this section and other
				applicable rules of the Commission. For the purposes of this section, "mallard"
				includes all
Anas platyrhynchos
and fertile hybrids thereof
				except the white variety of
Anas platyrhynchos
commonly known
				as "Pekin" ducks.
(2) Live mallards
				may only be sold or transferred to, imported by, or possessed by:
(a) Persons licensed pursuant to Section
				379.3712, F.S., and permitted to
				release mallards pursuant to Rule
				68A-12.010, F.A.C.;
(b) Persons permitted to possess mallards
				pursuant to Rule 68A-6.002,
				68A-9.002, or
				68A-9.006, F.A.C., or
(c) Persons licensed pursuant to Section
				379.2525 or
				379.3761,
				F.S.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-4 - GENERAL PROHIBITIONS AND REQUIREMENTS › Section 68A-4.0053 - Importation and Possession of Carcasses from Species in the Family of Cervidae

Current through Reg. 50, No. 138; July 16, 2024
No person shall import or possess the carcass or any parts
				  therefrom of any species in the family Cervidae originating from any place
				  outside of Florida except:
(1)
				Boned-out meat or products thereof;
(2) Clean hides with no head
				attached;
(3) Antlers, antlers with
				a clean skull plate with no tissue attached or clean skulls with no tissue
				attached;
(4) Finished taxidermy
				products; and
(5) Clean teeth with
				no tissue attached, provided a person may import or possess the carcass or
				parts thereof of any white-tailed deer orginating and legally harvested from a
				property in Georgia or Alabama if such property where it was harvested is
				bisected by the Florida state line and under the same ownership on both sides
				of the state line. Any carcass, regardless of origin, of any species in the
				family Cervidae testing positive for CWD shall be surrendered to FWC
				personnel.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 7-1-05, Amended
					 7-1-21.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-4 - GENERAL PROHIBITIONS AND REQUIREMENTS › Section 68A-4.006 - Obligation to Permit Search or Inspection

Current through Reg. 50, No. 138; July 16, 2024
It is hereby made the duty of every person participating in
				  the privileges of taking or possessing wildlife, freshwater fish or parts
				  thereof as authorized by these rules to allow wildlife officers to ascertain
				  whether the requirements of these rules are being followed. No person shall
				  refuse or obstruct such inspection by any authorized officer of the
				  state.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const.,
					 379.1025 FS. Law Implemented
					 Art. IV, Sec. 9, Fla. Const.,
					 379.3311
					 FS.
New 8-1-79, Amended 6-21-82, Formerly 39-4.06, 39-4.006,
					 Amended 2-27-03.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-4 - GENERAL PROHIBITIONS AND REQUIREMENTS › Section 68A-4.007 - Exclusion of Certain Areas from Open Season

Current through Reg. 50, No. 138; July 16, 2024
(1) Whenever reference is made in these rules
				to open season or provision is made to permit the taking or possession of
				wildlife or freshwater fish, it shall be construed to mean to authorize the
				taking or possession of wildlife or freshwater fish only in open territory and
				shall not include state parks or recreation areas or the grounds of any of the
				state universities, colleges, schools, experiment stations, plant boards,
				hospitals or correctional institutions or state-operated fish hatcheries unless
				such taking or possession is authorized by the superintendent; nor upon any
				refuges, bird sanctuaries, restricted hunting areas or management areas
				established by the Commission unless specifically provided otherwise.
(2) Lands to be managed by the Commission or
				by the Florida Division of Forestry or the water management districts for
				hunting, fishing and other related outdoor recreational activities may be
				closed to the taking of wildlife or freshwater fish by executive order to
				protect fish and wildlife resources. Such executive closure orders shall be
				issued on an interim basis until appropriate fish and wildlife resource and
				public-use assessments are made by the Commission and until the area is
				formally established under Rule
				68A-14.001, F.A.C. Lands closed
				by executive order shall remain closed to the taking or possession of wildlife
				and freshwater fish for a period of time not to exceed one year. Lands closed
				pursuant to this subsection shall be posted as closed to the taking of wildlife
				and freshwater fish.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla. Const.,
					 379.2223
					 FS.
New 8-1-79, Formerly 39-4.07, Amended 10-28-97, Formerly
					 39-4.007, Amended 6-23-99, 7-1-08.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-4 - GENERAL PROHIBITIONS AND REQUIREMENTS › Section 68A-4.0071 - Access Prohibited on Certain Areas

Current through Reg. 50, No. 138; July 16, 2024
Public access and/or vehicular access is prohibited on lands
				  managed by the Florida Fish and Wildlife Conservation Commission (FWC) that are
				  temporarily closed by administrative action because of public safety concern
				  due to disasters, severe weather, severe weather forecasts and/or effects of
				  weather on the area. To the extent circumstances permit, public notice of such
				  closures shall be afforded through the FWC website, media and in-the-field
				  posting. The closure shall not exceed 14 days unless approved by the Executive
				  Director.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla. Const.,
					 379.2223
					 FS.
New 7-1-07.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-4 - GENERAL PROHIBITIONS AND REQUIREMENTS › Section 68A-4.008 - Taking Wildlife on Roads and Rights-of-Way Prohibited

Current through Reg. 50, No. 138; July 16, 2024
(1) It shall be unlawful to take or attempt
				to take wildlife (except for the collection of amphibians or reptiles without
				the use of a gun and the take of raptors per Rule
				68A-9.005, F.A.C.) on, upon or
				from the right-of-way of any federal, state or county-maintained road whether
				paved or otherwise. Taking or attempting to take wildlife (except for the
				collection of amphibians and reptiles without the use of a gun and the take of
				raptors per Rule 68A-9.005, F.A.C.) while such
				wildlife is on or upon the right-of-way of any federal, state or
				county-maintained road whether paved or otherwise, is prohibited.
(2) Federal, state or county-maintained roads
				may be specifically excepted by Commission order. Requests for the exception of
				certain roads from the provisions herein shall be made by formal action taken
				at a public meeting of the County Commission, and may be granted upon
				affirmation by the County Commission that the following criteria have been met:
(a) Roads or portions thereof subject to
				exception shall be unpaved, and shall not be scheduled for paving for at least
				three (3) years from the date of request.
(b) Roads or portions thereof subject to
				exception shall be no less than two (2) uninterrupted linear miles in
				length.
(c) No exception shall be
				made for any portion of road which lies within 3/10 of a mile of any dwelling,
				church, school, commercial building or other occupied structure, or which lies
				adjacent to the boundary of any property, the owner or lessee of which objects
				to the proposed exception.
(d)
				Roads or portions thereof excepted under the provisions herein shall be posted,
				at the expense of the County Commission, with signs at intervals of 500 feet or
				as otherwise directed by the Commission and shall include the phrase: "Right of
				Way Hunting permitted: The ________ County Commission and the Florida Fish and
				Wildlife Conservation Commission."
(e) A determination that the exception would
				not endanger the public, livestock, crops or other property.
Prior to final action by the Commission, the Commission staff
				  shall furnish a recommendation on the proposed exception to the County
				  Commission which shall review it before a public meeting and then advise the
				  Commission of any public comments or concerns.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-4 - GENERAL PROHIBITIONS AND REQUIREMENTS › Section 68A-4.0081 - Hunting Prohibited on Certain Water Control District Roads; Closing Procedure

Current through Reg. 50, No. 138; July 16, 2024
(1) Roads
				constructed, maintained and controlled by a water control district operating
				under provisions of Chapter 298, F.S., may be closed to hunting in the
				following manner.
(a) The district board of
				supervisors shall request such action by formal resolution, accompanied by a
				map clearly identifying each road affected.
(b) Upon receipt of the request, the
				executive director shall investigate to ensure that such action would not
				result in unreasonable denial of lawful hunting or would unreasonably encroach
				upon the rights of contiguous property owners.
(c) Upon a satisfactory finding, and approval
				of the Commission, the district board of supervisors shall at their expense
				erect and maintain notices at the entrance and exit of each affected road in a
				manner adequate to notify the public of such closure.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-4 - GENERAL PROHIBITIONS AND REQUIREMENTS › Section 68A-4.009 - Florida Black Bear Conservation

Current through Reg. 50, No. 138; July 16, 2024
(1)
				No person shall take, possess, injure, shoot, collect, or sell black bears or
				their parts or to attempt to engage in such conduct except as authorized by
				Commission rule or by permit from the Commission.
(2) The Commission will issue permits
				authorizing intentional take of bears when it determines such authorization
				furthers scientific or conservation purposes which will benefit the survival
				potential of the species or to reduce property damage caused by bears. For
				purposes of this rule, activities that are eligible for a permit include:
(a) Collection of scientific data needed for
				conservation or management of the species;
(b) Taking bears that are causing property
				damage when no non-lethal options can provide practical resolution to the
				damage, and the Commission is unable to capture the bear.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-4 - GENERAL PROHIBITIONS AND REQUIREMENTS › Section 68A-4.081 - Hunting Prohibited on Certain Water Control District Roads; Closing Procedure (Transferred to 68A-4.0081)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 7-1-85, Amended 5-10-87, 1-6-94, 12-25-95, Formerly
					 39-4.081, Transferred to
					 68A-4.0081.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-5 - LICENSES AND PERMITS: ISSUANCE AND REVOCATION › Section 68A-5.001 - Issuance of Statutory Licenses, Stamps and Permits; Issuance of Duplicates (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 8-1-79, Amended 6-4-81, 6-21-82, Formerly 39-5.01,
					 Amended 6-1-86, 10-30-89, 12-25-95, Formerly 39-5.001, Repealed
					 3-23-09.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-5 - LICENSES AND PERMITS: ISSUANCE AND REVOCATION › Section 68A-5.004 - General Regulations Relating to Licenses, Permits and Other Authorizations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Art. IV, Sec. 9, Fla. Const.,
					 379.1025 FS. Law Implemented
					 Art. IV, Sec. 9, Fla. Const.,
					 379.408
					 FS.
New 8-1-79, Amended 6-21-82, 7-1-84, 7-1-85, Formerly
					 39-5.04, Amended 4-19-90, 6-20-90, 4-20-93, Formerly 39-5.004, Repealed
					 3-24-13.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-5 - LICENSES AND PERMITS: ISSUANCE AND REVOCATION › Section 68A-5.005 - Quota Hunt Permits and Special-Opportunity Permits - Application; Selection; Issuance (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla. Const.,
					 379.354(4)(f)
					 FS.
New 7-1-85, Formerly 39-5.05, Amended 6-1-86, 5-10-87,
					 4-13-88, 7-1-89, 4-11-90, 4-14-92, 6-1-97, 4-12-98, 6-23-99, Formerly 39-5.005,
					 Amended 5-13-02, 7-28-02, 5-1-03, 7-1-04, 3-15-05, 3-30-06, Repealed
					 5-1-09.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-5 - LICENSES AND PERMITS: ISSUANCE AND REVOCATION › Section 68A-5.006 - Designation of Free-Freshwater Fishing Days; License Requirements and Regulation Compliance

Current through Reg. 50, No. 138; July 16, 2024
Notwithstanding the provisions of Section
				  379.354, F.S., any person may
				  take or attempt to take freshwater fish for noncommercial purposes during
				  "Free-Freshwater Fishing Days" without obtaining or possessing a license as
				  otherwise required by that section. "Free-Freshwater Fishing Day-Spring" is
				  hereby designated as that period, commencing at 12:01 a.m. and ending 11:59
				  p.m. on the first Saturday and Sunday in April, and "Free-Freshwater Fishing
				  Day-Summer" is hereby designated as that period, commencing at 12:01 a.m. and
				  ending at 11:59 p.m. on the second Saturday and Sunday in June, or such other
				  period as may be specified by order of the Commission. Any person taking or
				  attempting to take freshwater fish during said periods shall comply with all
				  other laws or regulations governing the holders of freshwater fishing licenses,
				  and all other conditions and limitations regulating the taking of freshwater
				  fish as are imposed by law or rule.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const.,
					 379.1025,
					 379.354 FS. Law Implemented Art.
					 IV, Sec. 9, Fla. Const.,
					 379.354
					 FS
New 6-20-90, Amended 2-25-99, Formerly 39-5.006, Amended
					 5-2-12, 1-7-14.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-6 - CAPTIVE WILDLIFE › Section 68A-6.0011 - Possession of Wildlife in Captivity; Permit Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla. Const.,
					 379.3761,
					 379.3762
					 FS.
New 6-21-82, Amended 7-5-84, Formerly 39-6.011, Amended
					 6-1-86, 5-10-87, 4-13-88, 12-19-89, 7-1-90, 4-20-93, Formerly 39-6.0011,
					 Amended 8-27-09, Repealed 9-30-19.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-6 - CAPTIVE WILDLIFE › Section 68A-6.002 - Classes of Captive Wildlife

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Commission hereby establishes the following categories of wildlife including
				their taxonomic successors and subspecies thereof:
(a) Class I:
1. Chimpanzees (
genus
				Pan
)
2. Gorillas
				(
genus Gorilla
)
3.
				Gibbons and Siamangs (family Hylobatidae)
4. Drills and mandrills (
genus
				Mandrillus
)
5. Orangutans
				(
genus Pongo
)
6.
				Baboons (
genus Papio
)
7. Gelada baboons (
genus
				Theropithecus
)
8. Snow
				leopards (
Panthera uncia
)
9. Leopards (
Panthera
				pardus
)
10. Jaguars
				(
Panthera onca
)
11. Tigers (
Panthera
				tigris
)
12. Lions
				(
Panthera leo
)
13.
				Bears (family Ursidae)
14.
				Rhinoceros (family Rhinocerotidae)
15. Elephants (family Elephantidae)
16. Hippopotamuses (family
				Hippopotamidae)
17. Cape buffalos
				and Gaur (family Bovidae)
18.
				Crocodiles (except dwarf and Congo) (family Crocodylidae)
19. Gavials (family Gavialidae)
20. Black caimans (
Melanosuchus
				niger
)
21. Komodo dragons
				(
Varanus komodoensis
)
22. Hyenas and Aardwolf (family
Hyaenidae
)
23.
				Cougars, panthers (
Puma concolor
)
24. Cheetahs (
Acinonyx
				jabatus
)
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-6 - CAPTIVE WILDLIFE › Section 68A-6.0021 - Possession or Transfer of Class I Wildlife as Personal Use Wildlife (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented 379.3711,
					 379.372,
					 379.3761,
					 379.3762
					 FS.
New 6-21-82, Formerly 39-6.021, Amended 6-1-86, 4-11-90,
					 Formerly 39-6.0021, Amended 8-27-09, Repealed
					 9-30-19.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-6 - CAPTIVE WILDLIFE › Section 68A-6.0022 - Possession of Class I, II, or III Wildlife in Captivity; Permit Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla. Const.,
					 379.3761,
					 379.3762
					 FS.
New 7-1-90, Amended 7-1-90, 7-1-91, 2-1-98, Formerly
					 39-6.0022, Amended 4-30-00, 1-1-08, 8-27-09, 7-8-10, 4-5-18, Repealed
					 9-30-19.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-6 - CAPTIVE WILDLIFE › Section 68A-6.0023 - General Regulations Governing Possession of Captive Wildlife; Public Contact; Transfer of Wildlife and Record Keeping Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Art. IV. Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla. Const.,
					 379.1025,
					 379.303,
					 379.304
					 FS.
New 7-1-90, Amended 2-1-98, Formerly 39-6.0023, Amended
					 8-27-09, Repealed 9-30-19.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-6 - CAPTIVE WILDLIFE › Section 68A-6.0024 - Commercialization of Wildlife; Bonding or Financial Responsibility Guarantee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla. Const.,
					 379.303,
					 379.304,
					 379.305,
					 379.373,
					 379.374
					 FS.
New 2-1-08, Amended 8-27-09, 6-7-10, 12-6-10, Repealed
					 9-30-19.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-6 - CAPTIVE WILDLIFE › Section 68A-6.0025 - Sanctuaries; Retired Performing Wildlife and Identification (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking AuthorityArt. IV. Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla. Const.,
					 372.921
					 FS.
New 8-27-09, Amended 12-6-10, Repealed
					 9-30-19.